Help...my grandparents are being swindled! Any estate lawyers out there?

[Anonymous]

A "family friend" convinced my 90 yo demented grandmother to change her will to include her, even though that was never her intention. Some asshat lawyer actually did it 2 weeks ago as this woman sat there with my grandmother and dictated the new terms. Now my grandmother is realizing the magnitude of what she has done (in a moment of clarity) and wants it changed back. I have a call into the attorney now, but it seems he may have taken her old will (which she wants to go back to) and trashed it. If I can get a copy of the old will, can she just tear up the new one? Can she somehow cross out the terms she dislikes in the new will and initial it?

As you can see, I know NOTHING about estate law (one wills and estates classes in law school which I paid very little attention to - oh the irony), however, because I am an attorney myself, my grandmother is asking me to just rewrite the new will. I have my grandfather's copy, so I know what it says and could model the new one after that, but what do I do about signatures / witnesses, etc. My grandmother called the "friend" to ask her for a copy of the old will (which she also apparentl took and discarded) and my grandmother asked her why she changed the will. I heard the friend go on and on about how the friend needs to be in the will to protect her . . . from what? Who knows.

FYI, they are my maternal grandparents and my mother died in 2006, at which time they changed their will to bequeath their very limited assets to me. I do everything for them - pay their bills, fill their pill boxes, go to their house to turn off the tv when they can't figure it out, you name it. There is no question that I am not out to "get them" and this "friend" fully knows that. She just wants in on 2 helpless old people. In fact, she has started asking them to let her have access to the bank account. Hah, no way. I'm going to the bank tomorrow to change THAT info.

I am at my wits end. Who does something like that!!!??? Any guidance would be much appreciated.

[Anonymous]

OP again: I (and they) are in Maryland. Thanks.

[Anonymous]

Hire a new estate lawyer and do so quickly.

[Anonymous]

Also set it up so you have financial power of attorney to prevent any further financial misdoings by this "friend."

[Anonymous]

I definitely agree with the advice to hire a new estate lawyer.


that said, if you *really* just wanted to know what the requirements were for witnesses and signing in MD, you could get that from Nolo.com (you might need to buy their "willmaker" software, but it only runs about $30).

[Anonymous]

What about protective services, like CPS but for elders? They'd surely have some advice. I would think AARP would also have information for families in a similar situation. I would contact some agency/organization like those to get a checklist of other steps you should take to protect your grandparents. I'm sure there are a number of things beyond what an estate lawyer could tell you-- and beyond anything you'd even think of to worry about. (sadly)

[Anonymous]

Another thought-- not a lawyer-- but if your grandmother's metal faculties are compromised, surely you'd be able to contest this new will upon death. Perhaps get her to the doctor ASAP and get her current state of mind documented.

[Anonymous]

AARP runs the Legal Counsel for the Elderly and also the ABA has the Commission on Law and Aging, which is a great resource too. The Legal Aid Society of MD also has an elder law section that could definitely answer your questions.

[Anonymous]

Anonymous wrote:Another thought-- not a lawyer-- but if your grandmother's metal faculties are compromised, surely you'd be able to contest this new will upon death. Perhaps get her to the doctor ASAP and get her current state of mind documented.

This is true BUT if the OP get a new lawyer to prepare a new will the same argument could be use to invalidate the new will. It will be hard to argue that the grandmother was incompetent when she signed the second will 2 weeks ago but is competent now to sign a new will. You should talk to a lawyer, but I think you will be in the best position if you can get a copy of the old will and then content the second.

[Anonymous]

Hire an estate/elder law lawyer for them/her. S/he can advise about power of attorney or conservatorship options. Also, if GM really wants to step away from the new will, a new lawyer is the best person to advise her how to do that -- not you, because you're a potential (likely?) beneficiary of the will that she now wants to draft. Micah Salb is a MD attorney with an estate planning practice that I could recommend. I don't know whether he has experience in elder law planning, but I do trust his judgment and integrity. His contact info is: Lippman, Semsker & Salb, LLC 7979 Old Georgetown Road
Suite 1100 Bethesda, Maryland 20814; 301.656.6905; 301.656.6906 (fax) Email: [e-mail].

And BTW, you might consider filing a bar complaint against the asshat attorney that allowed someone else to dictate the terms of his client's will. That ain't right.

[Anonymous]

I don't know anything about law so I can't offer that kind of advice but I just want to say that your grandparents are REALLY lucky to have you.

I hope it all works out.

[Anonymous]

Go see a T&E attorney ASAP. From a practical perspective, you do not want to be in the position of trying to invalidate the bad will after her death. That is expensive and drawn-out process. Find a way to help her fix it while she is still alive. If she was competent to make a will two weeks ago, she still is. The test for competency for a will is really quite low -- talk to the lawyer about whether she can qualify to make a new one.

[Anonymous]

Agree with PPs: RUN to a new estate attorney and just have your grandmother sign a new will. If you are the beneficiary, then you may like to be sure there are no grounds for accusations of conflict of interest in your involvement in drafting/executing the new will. Make sure there are independent witnesses to your grandmother's signing of the will, etc. A T&E lawyer will know how do deal with it.

[Anonymous]

Thank you all so much. As many of you have suggested, I have a call into a nearby attorney so hopefully we can resolve it that way. I'm on my way there today -- in the snow with my 10 mo -- to try to deal with this today AFTER the bank. I also contacted the Howard County (where they live) Health Dept to have an aging evaluation so that they are "in the system" and known to local authorities should I need to contact the police about this "friend." I'll let you know how it goes. Thanks again.

[Anonymous]

So how did it all go?