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Usually parents love their children, even if the children grow up to be unlovable adults. In my opinion it would have to have been a very bitter, acrimonious parting of ways that would cause a parent to totally disinherit a child.
I have always thought that each child should be the Will as one never knows if the absent child will return and jumps in to offer to give his/her parents care. If that does happen and the parent(s) pass away and that child is left off the Will, then what? Will the siblings share their inheritance with that child?
Maybe the Will could be written with both scenarios in place, that if that child never returns here is what to happen, and if that child does returns and helps out here is what to happen.
If your parents change the will, have them write something to indicate that it is what they wanted and get it notarized, so that your sister cannot dispute it. Unfortunately, siblings that are oblivious to aging parents, reappear when it is time to collect the inheritance, and most likely your sister will come back into the picture sometime, when it can benefit her financially. My personal opinion is that siblings that don't give their elderly parents the time of day, don't deserve two cents.
Yes, that was my first question too: "taken off the will" by whom?
By the person making the will, if of sound mind, yes, absolutely. By anyone else, absolutely not - no matter how much of a self-centred unfilial rat-bag you might happen to think she is.
I read in your profile that your father has dementia. If he's not cognizant enough to understand the impact of executing a Codicil, it's too late to make any changes.
My concern though is whether this is what you want or what your parents want?
If the existing - even though 20 years old - is valid, mom will need to do a codicil to the old will rather than a new will. Sissy could petition the court to through out the new will & the judge could require an evaluation on the validity of an entirely new will. By doing a codicil to the old will, it recognizes what was in the old and makes changes to it. I'd call the old law office to see if they are holding the original (most do) and have them to the codicil as this will be likely the most cost efficient way. Do whatever you can to get mom looking & acting as competent & cognitive as possible for the appointment too. Good luck.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Maybe the Will could be written with both scenarios in place, that if that child never returns here is what to happen, and if that child does returns and helps out here is what to happen.
By the person making the will, if of sound mind, yes, absolutely. By anyone else, absolutely not - no matter how much of a self-centred unfilial rat-bag you might happen to think she is.
My concern though is whether this is what you want or what your parents want?
Your question sounds as though you are the caregiver and you are the one wanting to remove a sibling's name from your parent(s) will.
You do not have that right.