Can a will become invalid?

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Can a will become invalid?

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My mom made a will back in 2022. My sister said since me and my brother went with my mom back in March of 2022 and made new bk accounts to take my sister off (because apparently when someone is jt owner on a bk account and you want to take them off you have to close the current account and open a new one). We did this because my mom wanted her off the accounts. Now my sister says what we did validates the will therefore now everything will go to probate (because she did everything to keep it out of probate). So me and my brother will loose 30%. I always thought when a will was made it Is valid unless the person that made the will changes it. Does anyone know if this is true in the state of Mo?

Elder Law Will

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Erika is correct. If the proceeds are to be split equally between three people then each person will receive 33.33%. One hundred percent split between three people cannot be split equally which means each person will get 33.33% which will add up to 99.99%. This will leave a balance of 1% which the mother should decide how she wants the 1% disbursed.

I had to divide my assets among my three children equally and I ended up giving them 33.33% each and the extra1% I gave to my grandchild. I did it this way because I did not want any infighting where the two of them will accuse the other one of getting more than the others.

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This case with your mother’s bank has nothing to do with her will. Your mother’s will is valid and becomes effective only upon your mother’s death. Also, a person can change his/her will as many times as he/she wants during his/her lifetime. At the present time, your situation will be more effective if you are given power of attorney.

To answer your question, you need to seek the advice of the lawyer or entity who prepared the will.

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Horseshoemama6: Retain an elder law attorney.

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Before you spend $$$$ on a lawyer, get a meeting with mom and her bank manager. It’s free and the bank has a legal department at its disposal. Take mom’s Will and a list of questions. They don’t give general legal advice but they will explain how the bank reads the will and distributes monies. They can give mom a form that lists beneficiaries and the % each of them gets.

But 1/3 each is a problem
because it adds up to 99% and the bank wants instructions about 100% of the account - they might say 33% and 33% and one sibling gets 34%. Mom would decide who gets the 1% extra. Or mom can tell the bank two of you get 33.33% and one if you gets 33.34% to make it more fair.)

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Erikka,
haha. 1/3 each does not add up to 99%. Easy math mistake many people make.

1/3 + 1/3 + 1/3 =3/3
3/3 = 1
1= 100%.

I agree with you about talking with the banker. Good idea.

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The advise given here is very good, call an attorney. If you mother does not possess a copy of her own will, it may be time for a new one if she is of sound mind. Your sister is technically wrong about invalidating the will; the more appropriate way to word it is that she had the account set up to bypass the will. By being a joint owner, all of the money in the account would be hers upon your mother's death. The other alternative would be to put both of you down as POD (payable on death) so that without going through probate, all the money would be split between you by the bank. There is a distinct possibility that you may be able to set up a "Ladybird Deed" on any property, such as the house so that the deed will pass to the two of you on mom's death and avoid probate on that as well. These are things that have worked for my family in Texas through the use of a good estate attorney. You may, however, also want to consult a good elder care attorney to be sure that if you mother needs additional care in the future beyond what your family can provide that you protect your mother's assets as best you can when she gets that care. The earlier you do this, the better. We have had some complications that could have been avoided if I'd seen an elder care attorney earlier in the process to make sure everything was set up correctly for my mother. It is resolved now, but would have been much easier with proper planning.

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Thank you for the help. When my mom wanted to take my sister name off her accounts in March of 2022, the only way we could do it was to close the accounts and open up new ones and since I have medicare and kinda Medicaid I really couldn’t be on anything, so I called my brother to be joint on the new ones. Then the problem came up that with mom’s dementia she was confused about having 2 checking accounts. The savings didn’t bother her. The reason she had two ck accounts was the bk said she should keep it open in case there were some ck that came in his name she could still deposit them, plus she needed time to switch her ss and pension. Then in August 2022 , because she was confused over having two accounts with the ck my sister took her to all the banks to put all her money in her old checking account in which she is joint owner on and my brother is pod or was I have no idea now what has happened. Then in October 2022, she wanted my sister name off her account again. I told her no we’re not doing that again you’ll be in the same mess you we’re just in. I said however I don’t think you should have that much money in your ck account because someone could get into your account since you have some bills on auto pay, plus something could happen to you in the grocery store or a parking lot and they could get your debit card and get some money. So we went and opened a new savings account at the bk and moved most of the money to that and then made my mom and brother joint owner and me pod. So my brother is joint owner and I’m pod on all the accounts except the ck which doesn’t have a lot in it , since we opened the new savings account, now my mom thinks she only has a ck account and her account at another bk and a cd she has for me. In which my brother is joint owner on it and I’m pod. Chances are she will not have to get Medicaid. The way the will was written is that my brother gets the land (in which he has built his house on and pd the taxes on for over 20 years) then me and my sister are supposed to split what is left of the money and sell of the house.

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Always consult a lawyer about will issues. Don't pay too much attention to relatives. As personal rep for an estate that took five years to settle, I've heard so much garbage from relatives who thought they knew everything! One such person said that she knew the estate had to be settled within two years. False. She also "knew" that dad never meant this or that to be in his will. False. And she kept filing lawsuits that the judge always threw out of court.

No point in getting anyone's panties in a twist until you've consulted a real authority, which would be a lawyer who deals in estate law. It's well worth the money.

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Your sister is wrong. I would see, though, how those bank accts were set up. Are you joint owners or Paid upon death. POD means the beneficiaries listed get the money. Joint does not always mean you get it. Its all in the wording. Check with the bank.

There is no need for a will if a trust is made. Beneficiaries to all insurances and investments. If done right, you bypass Probate.

I would suggest that Moms will gives a reason why your sister is being cut out. "Because I have given my daughter numerous loans in the amt of 50k that have not been repaid, I am considering this her inheritance" or she leaves her a small amt and why. I would also have a clause if contested, the person contesting will get nothing because sis can contest the final accting and hold probate up.

So just make sure that Moms Will is sound. That all the Ts and Is have been crossed.

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Anything that is in a joint account or in a POD (payable on death) account passes to the joint survivor or the account beneficiary without going through probate, irrespective of what's in the will. If sister was removed from the bank accounts and only the other two siblings are on them, they will get the balance in those accounts. When mom dies, sister would get only her 1/3rd share of any remaining assets; that might have to go through probate. Money that passes directly (joint or beneficiary) is available to survivors immediately which can be advantageous if there are final expenses of Mom's to take care of or to pay for funeral expenses.

Although it doesn't invalidate the will, if there are no assets outside the joint or POD accounts then there is no estate so nothing to pass on through the will. My husband and I had our accounts set up that way. When he passed away a year ago, although I was technically his executor I didn't have to file for probate because all the accounts and real estate were joint or had beneficiaries (me and the kiddos).

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Am I missing something? - the OP mentioned taking her sister off the accounts but they didn't say anyone else had been added 🤔

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Changing the banking accounts doesn't change the Will, but it does make money that might have automatically gone to your sister after your mother's death part of the estate. If sister was acting in good faith she could have divided that money as per your mother's wishes according to the Will outside of probate, on the other hand nothing would have prevented her from claiming it all.

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All I can say (because I handled a decade long probate care for my MIL when a relative accused her of whatever it’s called — taking advantage of an elder person— I don’t like to think about it)…. That YES, if anyone sues you, the judge can and probably will invalidate the will. Our judge invalidated 2 wills and then ended up removing my MIL totally which cost us a giant amount of money)..,

but as I said, ours went to trial and the relative who sued us invested a ton of money in his case and probably ended up breaking even after he paid his lawyer. But that was satisfying enough just for the point of my MIL not getting anything…

if your sister doesn’t have a ton of money to sink into lawyers and trials, nothing might happen

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We were not in Missouri to be clear.

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The will is valid and if there is an estate of any size it will have to be probated. Period. Only a Trust doesn't go through probate.
The will can only be changed by the person who originally made the will while they are competent to do so.

You seem to have a good relationship with your mother. She is the one, I assume, who holds the original copy of the will. Read it. If you have questions, your Mom and you should see an attorney for answers. You mom, if competent, can also make any changes she wishes to to her will, including who will serve as executor.

I do worry about what you have done with mom's accounts. If you have put your name on them you are mingling money in a legal way that may have repercussions. This is for you to discuss with either the attorney you see or with the bank executive.

We do not know details of what is happening here and shouldn't be giving you any legal advice. Legal questions need to go to an attorney in your area.

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My mom does not have the original or copy of the will. The only trust that I know was made is the one that was made for me since I’m on ssdi and kinda Medicaid so they couldn’t get the money. My understanding of the will is my brother gets the land my parents gave him over 20 years ago, me and my sister were to get the house and split any money that is left

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Can a will become invalid?

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