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kikib99 Asked September 2017

How can I contest a will but I was not the beneficiary in it?

My mother lived in Fla for 30 years.  I took care of her for the 10 years after my dad passed. She lived in her home for 7 years. ...however, I did all of her errands, clothing etc, etc, took her to drs. Then she decided she wanted to go to assisted living. Her will and trust were the same for 10 years. When she sold her home and went into assisted living, she gave me $165,000 to purchase a new home, as I did not want to live in that home. She lived in Ohio the last 11 months of her life. I was poa the entire 10 years. My brother coerced her into moving to Ohio with COPD. I knew it was a bad move as Palm Beach is a much better climate if you have breathing problems. She moved there anyway. The day my brother came to Florida to get her, they changed her will, making him poa and his wife succesor. The wifes sister and son were witnesses. The will disinherited me completely. When my mother passed, my brother and his wife got $2 million dollars. I GOT NOTHING ! The will was made in Florida, however, the trust was done in Ohio. There is a no contest clause in the will. My brother manipulated her to move to Ohio, and I am sure she did not know what she was signing. She did not leave anything to her favorite grandchild either, they were very, very close. I want to contest the will, however, it says that I will have to pay back anything my mother gave me, bought me or used for me for the last ten years. I bought my house with this money and do not want to have to sell it . I want to contest the will, as my brother had no interest in my mother except for getting all of her money, which she did. I know Florida does not have an in terrorem clause, however, she took her last breath in Ohio, which does support that clause. Is there anything I can do, as I am not a beneficiary in the will, but did get some money from her for taking care of her. My brother came to Florida to visit once a year on his birthday for two days, his children never came down. I know this seems complicated, however, I do think I have a good case against him. Please help. Thank you, Jill G.

rovana Sep 2017
I would talk to a lawyer familiar with Ohio law - My experience with this kind of thing: Never count on an inheritance. Period. If you are doing caregiving it is only fair that you be paid, assuming that the elder has the money. Get a caregiver contract, pay in Social Security. Do Not accept promises that you will be rewarded in the will. That is just too uncertain. Funds may be exhausted by medical bills, or you may have a nasty relative, as you know yourself. Problem is, the law is the law and may be very unjust in practice. The only suggestion I can make is to go over your options with a knowledgeable attorney - you may find there is nothing that you can do, but at least you will know one way or another and can move on, rather than fretting over what cannot be changed. From what I have heard, this sort of thing is all too common.

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