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Dougiemonty1 Asked February 2018

If I become my mother's conservator, can I overrule her choices about who inherits from her? (California)

I have not found any written statements from her about this; only things she has said that my sister has told me.

Dougiemonty1 Feb 2018
That tallies with what I have found in my research: According to the California Probate Code, starting with Section 6110, verbal wills are not recognized in California courts. So unless she did write something down, and we can find it, we will have to conclude that she is intestate.

polarbear Feb 2018
I reread your question and remarks. Sounds to me your mother does not have a will because nothing written was found, and the only wishes from her were related verbally to you by your sister. If that's the case, then she has no will. Verbal wishes do not count and are not valid. No one can make a will on someone else's behalf. Only a judge in probate court will determine how her assets will be distributed according to the laws where your mother lives.

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Dougiemonty1 Feb 2018
I assure you that I do not have ulterior motives here. So far as my sister, my younger brother, and an aunt have been able to tell, my mother has nothing written down in this regard.
gladimhere Feb 2018
I do not understand. You said overrule her wishes, yet she has nothing written down? If that is the case she will pass without a will and probate will determine how the estate is distributed.
Rainmom Feb 2018
A written statement isn’t going to carry any more weight than a passing comment.

The laws that are in place are there to protect the persons Last Will and to prevent exactly what you propose doing.

If it were that easy - a whole lot more of changing the person intentions and wishes would be going on - creating utter chaos and tying up the courts with inter family squabbling for years.

You may not agree with your mothers will but to be blunt- it’s not your money. Sorry.

notrydoyoda Feb 2018
Not anymore than you changing their will and forging her name. Sounds like you intend on changing the written will once you have a chance to find it? Why do you have such criminal intentions to do once you are in a place of authority?

Dougiemonty1 Feb 2018
I understand...of course, a written statement is a must...I doubt that a probate court, for example, would accept a passing remark as a binding expression of a testator's wishes.

gladimhere Feb 2018
Just nope.

Rainmom Feb 2018
The above answers are correct. It is illegal in all 50 states for anyone other than the persons who’s will it is - to make any changes whatsoever. It makes no difference if someone has POA, DPOA, Guardianship, Conservator, Trustee, etc.

notrydoyoda Feb 2018
Nope. She is the only one who can make changes and that only if she is competent to do so.

polarbear Feb 2018
No, you can not.

Here is the answer from LegalZoom.

info.legalzoom.com/can-conservator-change-will-21601.html

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