A Legal MinuteWill contests & capacity
A New Will That Shut Out the Entire Family
The short answer
In one case discussed on the podcast, a parent died during a guardianship and conservatorship matter where siblings said one sibling should stop acting and items were disappearing. A new will named that sibling personal representative, basically giving them everything and power to decide whether others got anything. Per the firm's description, years of probate litigation followed.
From the full episode Real-Life Probate Horror Stories & Lessons Learned (20:29).
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Transcript
The other siblings kind of came together and filed to basically say, no, she's not going to act anymore. We need to step in. Here's all this stuff that's going on. In addition to not fixing the home and things, things were going missing from the house. Vehicles were pulling up to the house and emptying the house out. Crazy, crazy stuff.
Unfortunately, due to all of the stress and his current medical conditions, he ended up passing away while we were dealing with the guardian conservatorship, which is unfortunately not uncommon. It's a very stressful event.
And so then we dived into the probate. And of course, in addition to getting new powers of attorney done, there was a new will that named this other sibling, we'll just say sibling A, as the personal representative and basically said sibling A gets everything and can decide if the other sibling should have stuff.
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