Can other beneficiaries change a will to exclude me after I’ve already been named a beneficiary?
The executor of her estate is her eldest son and he is saying I was named by mistake. His siblings (my mother included) are saying that she named me by mistake instead of my mom and that they are going to have the will changed to include my mom and disinclude me....
The issue is, I don’t think it’s a mistake. My grandmother and mother never got along and pretty much hated each other. I never really got to know her because growing up I wasn’t allowed around that side of the family. But now I’m grown and have a family of my own to support and think maybe she included me because I was a grandson that she never got to know or help out in life...
I DO NOT get along with my mother either and was granted a restraining order against her because her behavior is so disturbing at times.
3 attorney answers
Sorry for the loss of your grandmother. The short answer is that the only ones who can change the heirs in a will are (1) the person whose will it is [your grandmother]; and (2) a court, unless there is a specific provision in the will allowing someone else to do that, which would be quite unusual. A lawyer would need to read the will to see if it contains certain language relating to your mother. Without reading YOUR specific will, a lawyer cannot answer the question because each will has different language in it. Best wishes.
The responses I provide on Avvo are for informational and educational purposes ONLY, and do not establish an attorney-client relationship between my law office and you [either the person posting the question or anyone reading the question and response.] Unless and until you sign a written retainer agreement with my firm, I am not your lawyer and my response does not constitute "legal advice." Instead, it is an analysis based on limited facts. If you want specific legal advice upon which you can rely, then I strongly recommend you retain an attorney in your state. I am only licensed in California. See also AVVO.com terms and conditions item 9, incorporated as if it was reprinted here.
If there is a Will it has to go through probate and the court wouldn't permit modification. If they are operating pursuant to a Trust, they don't have the authority to modify the beneficiaries but you will have to petition the probate court to remove the trustee - so make an appointment with a probate attorney.
If she was not who was named by mistake, the issue is who was left out. There is something called a pretermitted air. That is to say if a natural heir, like a son or daughter, is omitted from a will is has to be spelled out in the will that it was done on purpose. If that wasn’t done, then yes, there will probably be a share given to the heir who was admitted.
A good lawyer drafting such a will would have known this.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.