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Subject:  Re: Aunt changed the will, now what? . Date:  7/10/2001  3:19 PM
Author:  JAFO31 Number:  3128 of 5845

plattre: "My sister and I are wrestling with this problem.

In my uncle's 1992 will, he parceled out his assets to myself and four nieces. Each one of us would get 1/5.

In 1998, his sister (my aunt) brought him, while he was suffering the effects of Parkinison induced dementia, to his long time attorney and had the will changed. Now three of the nieces (her kids) would get 1/3. My sister and I would get $1000. The estate at that time was worth at least $400,000.

My uncle died a few months ago. Now everything is coming to light. I've got the feeling that my sister and I are up the creek without the ol' paddle.

Any ideas out there? I know we should see an attorney, but what course of action could he take??

I'm really pessimistic on this whole thing. Need some specifics."

First, my condolences on the loss of our uncle.

Second, sound suggestions from all the other posters.

Now I would like to note the suggestions of taking advantage are all coming from one side and are based upon knowledge of the contents of the 1992 will. Curious as to how this is so well known because many people do not publicly acknowledge their intended distribution.

In addition, if one had no knowledge of the 1992 will, would this distribution be perceived as that far off. Is it posssible that your aunt (the deceased's sister) and her children (his nieces) assisted with his daily living and care for 8+ years while you and your sister, for whatever reason (including simply a distant residence) spoke to him infrequently and saw him even less? Or is it possible that you are in line for assets eventually from your parents that his other nieces are unlikely to inherit any other significant assets?

IOW, we have heard only side of the story and there could be perfectly logical reasons (or less than logical reasons but not rising to the level of undue influence or mental incompetence) that wholy explain the situation. In addition, does the current will have a provision WRT to challenges?

Regards, JAFO

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