Video Summary
Can family members have me removed from the Will of my late parents? No, they cannot. Once someone passes away the Will cannot be changed. The only time a Will can be changed is while someone is alive and they can always have a last Will and they can choose who they wish to leave matters to. There are various challenges that can be made to Wills, which can divest you or eliminate you as a beneficiary if the Will was procured by undue influence or the testator, that’s the person making the Will, was not competent. That is a Will contest and if you were a beneficiary under the Will that was procured by undue influence or the person was not competent, well then you could possibly lose your inheritance.
But just because they want to remove you as a beneficiary under the Will they cannot do that unilaterally. There has to be some legal basis as to why you would not inherit. Along the problems that we are seeing, as far as trusts are concerned, the trust is not published and if someone is appointed as a trustee under your parents trust and they passed away, the trustee has the power to distribute the property to whomever they want and cut you out because you do not know what is in the trust, which is a real problem, particularly when you come see an attorney to ask him to do something about it and you do not have a copy of the trust so you do not know whether you are included or not.
If you have any questions about that, about your Will or trust and you being a beneficiary, well give me a call at 727-847-2288.