Contesting my mom's will.

unfortunately when money is involved many people change. It’s a shame. Wills can be challenged in court. Hope that’s not the case.

I suppose your mom’s will could be contested on these counts: 1) was your mom competent will the will was made- the lawyer probably can answer that. 2) Did your grandson unfairly influence her to make him as both the executor and sole beneficiary. 3) Does their state require a minimum amount to go to the spouse? That would be addressed in probate. Finally 4) Did Medicaid pay for any of your mom’s or Dad’s care and can Medicaid request reimbursement from her estate?

I think money can bring out the worst in people. My family wills have been quite vague. Everything is to be split evenly among the 5 kids or 2 kids. This wording doesn’t account for jewelry or family heirlooms. The executor is left with a lot of power and responsibility. I can’t tell you how many times I have heard “ mom wanted me to have this or mom gave it to me I just hadn’t picked it up yet”. At my mil estate sale siblings bought the things they wanted, on the honor system. We payed 3 times as much as sil and got half as much stuff. But you pick your battles. My brother often tells me how mom gave him this or that. I’m executor to my uncle’s estate ( he is still alive). He has no kids, he is a hoarder, lives 2 hours away, has 6 or 7 nieces and nephews, and I have not seen the will. I think it’s going to be a nightmare. Dealing with an estate is just an ugly mess.

Sad but true…💔

The joint account is not part of the estate. your nephew has no authority to write checks on it. A joint account goes directly to the survivor- your dad. If no one else is on the account and there is no POA, the only way to access that account is if your dad signs a check that someone writes for him. If he’s not competent to understand what he is signing, then having him sign a check is elder abuse and fraud. Someone needs to apply for guardianship - unless your dad is competent enough to grant someone POA.

You need to immediately contact an elder care/estate attorney. Not the one your nephew is using. Your nephew has no authority to manage your dad’s assets. You need to determine what your dad’s assets are. Did they rent? Was his name on the lease? If not, he has no authority to say in the place. If they owned a house, was the deed tenants in common orjoint tenancy with right of survivorship? If so, the house is not part of the estate - it’s your dad’s. If it wasn’t, then your dad could be thrown out of the house at any time.

Do you think they are contesting the will because they want money or could it be they are concerned about your dad? It’s sounds like you are on good terms with the nephew that is the executor and sole beneficiary. QBC has brought up some good points about bank accounts and the home. Can you talk with this nephew just to see what his thoughts are regarding these things. It could be he is fully aware that $ in the shared bank account would go to your dad. When (not if) you or another family member file for guardianship I believe that if it is granted it would come out of his money. Is this something you are willing to do? If not is there another family member that can take on that role? Seems like a family meeting (or maybe some phone calls to figure out what everyone is thinking)and a trip to see a CELA is in order. What a shame you have to deal with all of this after just loosing your mom.