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Can the executor of someone’s estate help them change their will?

ADDITIONAL INFORMATION:

It is my uncles will. My mother is his sister. Initially my uncle put me and my 2 sisters on his will to inherit everything. Recently he has become very ill and we found out we were removed and now everything will go to my mother. We have suspicion that she did this without asking him. So is it possible for her to do that? Someone who is in charge of the will to be able to go in and change it so she will inherent everything. I mean she isn’t “in charge” of his will but she does everything for him. So it would be easy enough for her to change the will and have him sign it without him knowing she changed it.

ANSWER BY MARGARET CROSS-BELIVEAU:

Only your uncle, the testator, has the ability to change his will. He may do that by executing a new will or a codicil. Either way, the testator must sign in front of witnesses to legally execute the document. If your mother exerted undue influence over your uncle, you will have the opportunity to object in probate court, provided you have proof your uncle’s illness affected his mental capacity and have a copy of the original will. You must also consider the fact that he changed his will on his own volition because your mother is caring for him and he appreciates what she has done for him.  You could just ask him.  It could save you tens of thousands of dollars down the road if you want to object to the new will and lose.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The probate litigation attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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