My father had a 10 year will in the safe.
One daughter(ME) and 2 granddaughters (mine)
He was a very loud, CURSING, and volatile man who I listened to and took many many years of cursing and outbursts (no physical
I took my children to visit with him through their childhood but when they became 21 and 16, they broke ties with him completely. Never again speaking or visiting again until his death 2 months ago. They started they didn't want anything he had and if he left anything that they didn't want IT at all! My dad cursed me continuously through the years because they wouldn't come or call. I tried begging them and crying in his defense but they wouldn't budge.
He got really sick and went to the attorneys office to make a new will but ended up dying before he got back to sign it. My girls came for the burial and started again that they didn't want anything and wouldn't take it if he had left it.. . UNTIL.. . I found out there wasn't time for him to get back to the attorneys office and I had to fall back on a 10 year old will that includes my daughter's 1/3 / per girl. I was closing everything of his life down alone and grieving when I found this out. I had tocall and tell them about the other will and that their names were on there legally but morally they knew what their grandfather wanted. They were going to sign their part over to me until GREED took them over. Now, they are wanting what's according to them.. . theirs! In the meantime, they are still living 2-1/2 hours away doing nothing to help me.. . stating also that even if he was here right now, they wouldn't treat him any differently than they did! Such disrespect and GREED! They also stated they knew by rights that this was mine but their name is on it and they want what's theirs! We've only had one problem in the past and they did then what they are doing now.. . turning their backs on me and not letting me see my 2 grandchildren in 5 data for Christmas. I have begged and pleaded. I can't get them to accept a phone call or text.
My questions (the long way around it I'm afraid and very sorry) are...
(1)Is THERE ANY WAY TO CHANGE A WILL AFTER DEATH
(2) Can I sit here and refuse to let them sell anything because I'm not wanting to sell anything.. . I'm living on the farm!
(3) I am the executure of the estate in the will. If they TRY to revoke me from that position.. . what would they have to prove for the judge not to give me that position?
I really need any help that you can give me. I have an attorney but I'm really not getting any information from him except that this will take 6 months and maybe they will back down before then!
Can I fight this and what happens if I do besides losing my children which has already happened!! HELP!!

No you cannot change the will after death. However, you might get the new will instated if the attorney who drew it up testifies as to your father's intent. It's a long shot though.

It is unlikely they can get you out as executor. You will need to make a valuation of the estate and determine what their share might be. However, you do not have to liquidate just to give them their share. It all depends on the terms of the will.

(1)Is THERE ANY WAY TO CHANGE A WILL AFTER DEATH

No - that would be illegal. But I wonder if you can get the 10-year old will declared invalid? Talk to your attorney about this, but if you can have it disqualified on a technicality (such as it not being properly witnessed) then your father will be deemed to have died intestate, and depending on the state he lived in that would probably mean that your daughters would be entitled to less than 1/3 each, maybe even zero.


(2) Can I sit here and refuse to let them sell anything because I'm not wanting to sell anything.. . I'm living on the farm!

You need to be more specific. Are you saying that your father's estate consists of a farm and you're concerned that being joint owners with your daughters gives them the right to sell without your consent? Actually, no, they can't. But what exactly does the will say about the farm? Does it direct that three of you be joint owners? Is there any latitude here to let your daughters have some other portion of the estate and you keep the farm? Or is there an option to subdivide the farm so that they can sell their portions without impacting you? You might also consider buying them out.


(3) I am the executure of the estate in the will. If they TRY to revoke me from that position.. . what would they have to prove for the judge not to give me that position?

They would have to show that you are unfit or unable to serve as executo, or that you are acting contary to the terms of the will.


Can I fight this and what happens if I do besides losing my children which has already happened!! HELP!!

As executor you have a lawful duty to follow the terms of the will.

If you went to a probate office with the will showing you as executor and started probate you had to swear to uphold the particulars of the will, like it or not.

Thank you so much for answering my questions. Or took all day to get back to you because the system went down.
Let me try to clarify my situation a little more. The 10 year old will had something to this extent in it: For myself and both my daughter's to split his properties and all assets 1/3 divided between the 3 if us. We have 5 properties the farm with 67 acres. It's not itemized. He has a couple of cars (junk) Golf cart, a motorcycle, etc. That is not mentioned per say.
And myself as the executive. I am living on the farm since his death. It's my grandparents farm and the most important thing he had to him! He stated to different people how he didn't want my daughter's to have anything because of the year's behavior of their. They fly understood this and agreed until they found out he didn't get to sign the other will. Even though it is my children, I have to honor his wishes before I can even think about myself. I owe that to him. I just don't know how I'm going to do this! I hate being the one to get my kids but they didn't come for 9 years to see or y'all on the phone even when I would beg them! They are nurses and married to nurses. They don't need this stuff! They are just wanting quick money for nothing! It might be legal but it isn't morally right and they know it!! Please any help I would greatly appreciate!!

law has nothing to do with morals, second, really it is morally, at the time of the writing, it was his wishes. And also, he never fixed it, for 10 years.

the moral part, it is your duty to enforce the legal will.

if you do not wish to sell things, the value is decided and money is used to pay off the girls for their share.

I tried the new will, in Missouri and lost. My other had written a new will. Her attorney went to her house with it on a Wednesday morning, the attorney found her dead. She even had an appointment to sign the will, she died about 12 hours before the appointment.

The difference was about one million dollars to me. So yes I fought it very hard. In my case the final ruling was, until signed, they always have the option to not sign and change mind

I doubt that you are going to get the unsigned will made the valid will.
Do you really want to live alone on a huge farm? Get it formally appraised (required by probate anyway) and put it up for sale. Split the estate 3 ways. Think of it as what you would leave your daughters anyway. Try not to let emotions ruin your relationship with them. He was your father, not theirs, and you admit that he was awful. I don't know how much you are really grieving or how much of this is loneliness and anger at your daughters. It's not worth it.

It is an unfortunate circumstance what family issues like this arise. I can feel your angst. However, we are not dealing with a moral issue here, this is a legal issue. Miserable people get a portion of the will all the time. Remember the saying "It rains on the good and bad". I believe it is better for you to follow the will and have it over. DO NOT let someone else take over as executor, you may be disappointed in their decisions. Of the 2 wills I have probated, one was 15 years old, one was 5. In both cases, New Jersey and Georgia, once probate was set up, I did my best to satisfy the will, not necessarily the feelings and wishes of those parties named in the will. If you try to insert your feeling and wishes, you may find yourself in a legal bind. If you want to keep the farm, work out some way to buy the others out.

... However, we are not dealing with a moral issue here, this is a legal issue. ...

It is a moral issue as well. It's the executor's moral duty to follow the last legal will, not to try to defeat the will and get the property to who you believe should get it. If you can't do that, let someone else apply to be personal representative (executor) and apply the terms of the will. It's as simple as that.