She says what's left is going to the five grand children. She didn't mention the 4-plex she and her husband bought from my mom in 2010 where I have lived for 12 years. I have a copy of the contract of deed that states it would be paid off in three months after the death of seller and the money would go into
their estate. I believe my sister, who was also power of attorney to my mom's estate, influenced my mom's decision to change her will from the original. Mom said the apartment would be divided amongst her 3 daughters. My sister has not mentioned this. She and her husband are trying to wrongfully evict me from the 4-plex and I am about to file a complaint with the Department Human Rights based on discrimination. I'm single with no children and feel she's trying to force me out of the wil
You should have a copy of the second Will, but my guess is that it may not settle your problems, based on some of the other language in your summary. Since your mother SOLD the building to your sister, she is the owner, and she would have the right to evict you, regardless of what any Will says.
One question I would have is whether the balance of your sister's purchase price needs to be paid to the estate and who is entitled to it. Presumably, the contract and or the Will address these issues.
Other possible issues are undue influence, which you alluded to, your mother's capacity when the second Will was signed, and whether your sister did anything improper, while acting under the Power of Attorney, if she ever actually acted under it. If your mother was declared incapacitated, in order for the Power of Attorney to be activated, then perhaps that strengthens any arguments that you would have regarding capacity or undue influence. These are not easy cases to win, but it can be done, if the facts warrant it.
You should have an attorney review these documents, if you have them. Obviously, you will want to do this as soon as possible. Your situation does not sound promising, unfortunately. I hope things work out better than it appears!
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline