I’m supposed to inherit my dad’s estate, but his sister rewrote the will – can she really get away with it?

The subject of inheritance is a ripe one for mystery writers, playwrights and filmmakers. Festooned with all types of personal dynamics and potential grudges, hostilities, and past aggrievements, the inheritance and the will it is written on has become a favorite plot device of Agatha Christie novels, hit movies like the whodunnit comedy Knives Out, and TV series, such as HBO’s Emmy-winning Succession. 

In real life, inheritance disputes are emotional rollercoasters, stoking feelings of betrayal, vengeance, greed, and all of the other unsavory aspects of human nature. A last minute and previously unannounced major change in a will’s beneficiaries can become incendiary. Suspicions as to motivations, subterfuge, or other untoward activities inevitably flare up.

Stepson vs. Blood Aunt: Complex and Bound To Get Messy

Circumstances regarding inheritance disputes can grow even more complicated when blood siblings of the deceased and the surviving stepchildren wind up in opposite camps. Animosities towards the brother’s or sister’s spousal selection and any children from prior relationships can fester and exacerbate over the passing years. 

The sole surviving member of a family, a stepson, was shocked and dismayed to discover shortly after his stepfather’s death that his accounts had all been cleaned out, admittedly by his stepfather’s 83-year old sister.  The stepson took to Reddit to explain his dilemma and to solicit any advice:

• The stepfather usually kept the stepson informed on his finances and on any unusual expenditures.
• For the past two years, the stepfather’s 83-year old sister had been staying at the stepfather’s home, offering care support. 
• Upon his stepfather’s demise, he was notified that all of his stepfather’s liquid accounts, which his stepfather held $65,000, were emptied, apart from a social security check. 
• He also discovered that a $40,000 annuity held by the stepfather had also been depleted.
• The sister stated that the stepfather had a new will written the week before he died, and that she and the stepson were supposed to split the probate attorney fees. .
• In response to the poster’s request for a copy of the will, the sister has remained silent, although when he inquired as to the changes made in the will, her angry retort was, “You left him alone in declining health”, and, “Why do you need to know? You’re still getting the life insurance (payout)!”.

Anticipating an antagonistic encounter with the stepfather’s sister and an awkward meeting with the probate attorney, the poster was looking for any kind of ammunition to avoid his getting steamrolled, since he was still in shock. 

Estate Planning Lessons and Recourse Steps

Unfortunately for the poster, there was only one respondent, but he offered some valuable tips. Additional applicable strategy principles can actually be borrowed from the comedy, Knives Out. 

• The will changes made by Knives Out patriarch Harlan Thrombey were handwritten, and without verifiable provenance. This underscores the suspiciousness of the sister’s claim of the new lease and her reluctance to send the poster a copy. If the poster has a notarized copy of the original will and the sister’s revised will fails to pass the sniff test, the poster may still have leverage on the case when presenting documents to the probate attorney.
• Depending if the estate’s remaining value is over $50,000  or not, it would be subject to opening probate, which would ordinarily require a copy of the will, thus making it a public probate court document. Estate executors are also supposed to pay probate attorney fees. Her depletion of the accounts might be a tactic to avoid probate and subsequent discovery of any other legal improprieties. 
• If the sister’s name has been added to the now liquidated accounts as joint tenant, then those accounts are legally hers, and the poster is out of luck. 
• The sister essentially admitted that the life insurance policy names the poster as the sole beneficiary, so the entirety of the insurance payout is his alone.
• If the poster finds any indications of coercion, counterfeiting, or fraud, then the poster may need to hire his own attorney to probe further. Again borrowing from Knives Out, this could invoke the “slayer statute”, a legal principle that protects from inheritance through unlawful means (originally legislated for murder, but also for other illegalities). 

This situation demonstrates the importance of proper estate planning to avoid the family conflicts over inheritance and for a will testator to ensure their wishes are enforced post mortem. 

This article is written solely for informational reference. Any more comprehensive inquiries should be addressed to an estate attorney or other financial professional.

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