My Grandfather who raised me provided for me in his will . Him and my Grandmother had a will where everything was left to him and when he died everything was to be sold and divided among 4 Grandchildren. Grandfather and 2nd wife made new will that left things to me and her Daughter. 2nd wife ad everything transferred into her name after grandfather had stroke supposedly to have state pay for nurseing home care.She is now making new will leaving everything to her daughter. They had about 70,000.00 in bank and property worth about 500,000.00. Can I contest new will.

Hello s:

You betcha you can. I'd hire a lawyer today.

excon

All depends upon whether your grandfather was of sound mind when he transferred everything to his second wife. It also depends upon the exact terms of your grandmother's will.

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Originally Posted by AK lawyer

All depends upon whether your grandfather was of sound mind when he transferred everything to his second wife. It also depends upon the exact terms of your grandmother's will.

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I disagree - the grandmother cannot leave everything to the grandfather with strings attached - such as, when he dies it is divided among the grandchildren. When she dies everything belongs to him and he then disposes of it as he wishes.

If she wanted absolute control your grandmother should have set up trusts.

My husband, for example, could not leave his entire estate to me and then add "PS - when you die, it goes to the dog." He either leaves me his entire estate or he does not.

I do agree that if he was not in sound mind when he wrote the replacement Will there is a case here - but I assume the Will was presided over by an Attorney who took all the necessary steps to guarantee everything was in accordance with the law.

First Judy is correct any provision in a will that dictates what the beneficiary does with the inheritance is unenforceable. Whether it invalidates the whole will is another issue, but it's a moot point because Grandpa made a new will.

If I follow, Grandma died first and Grandpa inherited everything. So Grandpa can do what he wishes with his estate.

Now I'm confused because you state that Grandpa and 2nd wife made a new will. But a couple doesn't make a will an individual makes a will. So either they made individual wills that left their estates to you and her daughter. Or they left the property to the surviving spouse and then to the 2 dtrs if the spouse predeceases.

The other issue is that you can't contest a will until its probated. So the 2nd wife would have to die first. Grandpa's will may still have the same provisions.

So that leaves the real issue. And that is whether the 2nd wife was within her rights to transfer Grandpa's assets into her own name. And that's what you need to fight. And you need to get an attorney to help you fight this.

And Wife #2 cannot transfer "everything" into her name without the Grandfather's consent, signature, legal authority, whatever else is involved in that particular State.

I am startled by the posts asking about inheritance when the person has died yesterday and hasn't even been buried. This one is in anticipation of death... even stranger.

And it sounds like "someone said that someone did" to me. As Scott said, until the Will is admitted to probate no one knows WHAT it says.

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Originally Posted by sissyrow

2nd wife ad everything transfered into her name after grandfather had stroke supposedly to have state pay for nurseing home care.

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One other point in reference to this. Assets would have to transferred at least 3 years prior to requesting nursing care. States are very vigilant about tracking such things and considers trying to hide assets like this to be fraud. This is both good news and bad news for you. It means the transfer of assets may be invalidated, but if so, it could mean the assets will be depeleted to pay for the care leaving you with nothing anyway.

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Originally Posted by JudyKayTee

I disagree - the grandmother cannot leave everything to the grandfather with strings attached - such as, when he dies it is divided among the grandchildren. When she dies everything belongs to him and he then disposes of it as he wishes.

If she wanted absolute control your grandmother should have set up trusts.
...
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Grandmother could have left a life estate to Grandfather with a remainder to grandchildren, for example. Another possibility is that she left it to trust, with Grandfather as one of several beneficiaries.

We just don't know with what we have been told. We have been told that "Grandmother had a will where everything was left to him and when he died everything was to be sold and divided among 4 Grandchildren." This suggests some sort of testamentary provision for the grandchildren by the Grandmother.

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Originally Posted by sissyrow

2nd wife ad everything transfered into her name after grandfather had stroke

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This suggests that 2nd wife simply prepared a deed, and told the grandfather to sign it.

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Originally Posted by AK lawyer

Grandmother could have left a life estate to Grandfather with a remainder to grandchildren, for example. Another possibility is that she left it to trust, with Grandfather as one of several beneficiaries.

We just don't know with what we have been told. We have been told that "Grandmother had a will where everything was left to him and when he died everything was to be sold and divided among 4 Grandchildren." This suggests some sort of testamentary provision for the grandchildren by the Grandmother.


This suggests that 2nd wife simply prepared a deed, and told the grandfather to sign it.

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The post clearly says "Will." It says nothing about any other provisions, nothing more than a fairly simple Will. I would suggest that if trusts were in place the OP would know about them.

As much or as little as anyone wants to read into a post can be read into a post. I chose to base my answers on what is posted, not what the OP could or might mean.

I also don't see that a Deed transfers "everything" to the second wife. This may very well be different in any other State - this is not the case in NY.

I have to agree with Judy that you are reading much more into the OP's post. Sure we can speculate since her details were vague, but I think its better to wait until the OP supplies those details then overwhelm them with info they may not be able to process.

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Originally Posted by AK lawyer

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Originally Posted by sissyrow

2nd wife ad everything transfered into her name after grandfather had stroke

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This suggests that 2nd wife simply prepared a deed, and told the grandfather to sign it..

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As far as this quote, I think what the OP suggests is that all assets, real property, bank accounts, etc. were transferred not just a deed to real property.