Navigating Family Dynamics in Estate Planning: A Concern about Mom's Will

Ned Munachimso

Dear Quentin,In my mother's will, she stipulates that her house is to be sold, and the proceeds divided – half to her two children and the other half to her late husband's nieces. Currently, she believes the nieces don't deserve the money due to their lack of involvement with their uncle. Despite her sentiments, the will hasn't been updated to reflect this.After a stroke, she moved in with me, selling her home to fund her care. With both my brother and me on her accounts, the question arises: could the nieces eventually claim a share of the proceeds from the house sale? What if she used the money for her own care? Are we responsible for covering that amount? Your insights would help convince my mother it's time to align her will with her wishes.DaughterResponse: Clarifying Legal Perspectives on Mom's EstateDear Daughter,Your mother made a significant decision by selling her house and allocating the proceeds for her care. The nieces, not direct beneficiaries, would only have a claim if they successfully challenge the will. However, it's crucial to consider the legal doctrine of ademption, where a bequest becomes void if the property is no longer owned at the time of death.Neil V. Carbone emphasizes that, generally, the act of selling the property by the decedent renders the will's directions ineffective. Exceptions exist, particularly when property is sold by a guardian or conservator of a disabled person. This may entitle the nieces to a share.Updating the will is wise as circumstances and sentiments evolve. While your mother can't bequeath what she no longer owns, potential legal complexities may arise. Encouraging her to revise the will ensures clarity and simplicity, averting potential disputes down the road.Best, 

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