Follow
Share

I have not found any written statements from her about this; only things she has said that my sister has told me.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Nope. She is the only one who can make changes and that only if she is competent to do so.
Helpful Answer (4)
Report

The above answers are correct. It is illegal in all 50 states for anyone other than the persons who’s will it is - to make any changes whatsoever. It makes no difference if someone has POA, DPOA, Guardianship, Conservator, Trustee, etc.
Helpful Answer (3)
Report

Just nope.
Helpful Answer (2)
Report

A written statement isn’t going to carry any more weight than a passing comment.

The laws that are in place are there to protect the persons Last Will and to prevent exactly what you propose doing.

If it were that easy - a whole lot more of changing the person intentions and wishes would be going on - creating utter chaos and tying up the courts with inter family squabbling for years.

You may not agree with your mothers will but to be blunt- it’s not your money. Sorry.
Helpful Answer (2)
Report

That tallies with what I have found in my research: According to the California Probate Code, starting with Section 6110, verbal wills are not recognized in California courts. So unless she did write something down, and we can find it, we will have to conclude that she is intestate.
Helpful Answer (2)
Report

No, you can not.

Here is the answer from LegalZoom.

info.legalzoom.com/can-conservator-change-will-21601.html
Helpful Answer (1)
Report

Not anymore than you changing their will and forging her name. Sounds like you intend on changing the written will once you have a chance to find it? Why do you have such criminal intentions to do once you are in a place of authority?
Helpful Answer (1)
Report

I reread your question and remarks. Sounds to me your mother does not have a will because nothing written was found, and the only wishes from her were related verbally to you by your sister. If that's the case, then she has no will. Verbal wishes do not count and are not valid. No one can make a will on someone else's behalf. Only a judge in probate court will determine how her assets will be distributed according to the laws where your mother lives.
Helpful Answer (1)
Report

I understand...of course, a written statement is a must...I doubt that a probate court, for example, would accept a passing remark as a binding expression of a testator's wishes.
Helpful Answer (0)
Report

I assure you that I do not have ulterior motives here. So far as my sister, my younger brother, and an aunt have been able to tell, my mother has nothing written down in this regard.
Helpful Answer (0)
Report
gladimhere Feb 2018
I do not understand. You said overrule her wishes, yet she has nothing written down? If that is the case she will pass without a will and probate will determine how the estate is distributed.
(3)
Report
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter