How do people get around the terms of a will?

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My mom expected to be a beneficiary and low and behold the widow has taken all the assets. Is it not a binding legal document?


Two probate lawyers have been consulted saying there’s nothing to be done. How can that be?


Also, we’re told she hired the lawyer who drew up the original will. Isn’t that a conflict of interest??

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Chark60, it depends on State laws what is the net worth that would require a Will [or no Will] to go into probate. From what you had written, it would sound like your Dad's net worth would warrant a Probate.

I am curious why you think it would be a conflict of interest because your Dad's wife suggested which attorney to use for your Dad and Step-mother to draw up their Wills.? Otherwise if this was reverse, with your Dad suggesting which attorney to use, the wife's children could think the same.

As long as your Dad was of clear mind when he had the Will made, then the Will is valid.

I would make an appointment to speak with an "Elder Law Attorney" to get what recommendations they would suggest.
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Reply to freqflyer
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I guess the question is whether a will has to go thru probate or can it be disregarded?
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Reply to CharK60
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Widow is third wife. He has 2 grown children that he said he left properties in his will.
It appears there will be no probate as widow has taken possession of All and moved.
My mom was told she’d be minor beneficiary as he was giving her money once a month for the last year. He is parent to my sisters kids.
He was holding inheritances from both his parents as well as grandparents bequeathed to his kids and grandkids that have not been disbursed.
He was a prominent businessman with business properties downtown that are extremely valuable.
There are also family heirlooms from his parents in his personal property that disappeared as well that widow has no rights to.
The widow mailed half his ashes to his children and that was only thing she’s given them.
Im sure he made provisions for his wife but I know he did not exclude his kids. I’m not saying she doesn’t have a right to some of it.
You may be very right that my mother’s expectations were not realistic but I’d still like to know the answer to my question.
My mom has a will and she distributed copies to each of us kids but that doesn’t mean it’s her final wishes obviously. I’m curious for our benefit too as she is 93 and getting fragile.
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Reply to CharK60
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In many states, no matter what the will says, the surviving spouse is deemed entitled to some part of the estate.

Do you know how the will was worded? Has probabte been opened? If your mom was named as a beneficiary, she would have been notified when private started.

People can expect things: other people can tell folks all sorts of stuff about what's in their will. None of that matters until the document in examined and proved in court.
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Reply to BarbBrooklyn
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Mom expected to be beneficiary of her father, and instead his wife has gotten his assets. Is that the situation?

Why do you doubt the probate lawyers?
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Reply to jeannegibbs
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Who is she? Who is widow? Seems widow should be beneficiary. I just do not understand what you are trying to say.
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Reply to gladimhere
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