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Can someone explain something in a will to me please?


My mom recently passed away. She has a will dated in 2003 in her will she indicates her life insurance is to be split three ways according to her wishes. My mom changed her life insurance in 2008 leaving me as the sole benefactor, she was upset that the other two listed in her will ,she discovered they were only there because they only wanted some of her money and they did not care about her and never even called her when she was very sick for over 5 months. My question is since my mom changed who she wanted to receive her life insurance with listing me as the only benefactor,, must I include the other two parties. She indicated in her will according to her wishes and listed me as executor of her estate and she told me months before she passed away to keep everything for myself and do not give the others anything, since she listed me as the sole benefactor, to collect her life insurance, do I have to give the others who only liked mom because of the money factor anything..Thanks for any help

I should add she went to her job she changed all 3 benefactors to just one in 2008 and that is me and she does indiacte in her will how much to give anybody she leaves all that up to me is what it amounts to and isn't life insurance a seperate issue ?

The life insurance is paid to you, not your mother's estate. The will dictates how your mother's estate is divided. In most states, the clause in your mother's will that says to divide the insurance proceeds among the three of you is considered a request, not a command, and you do not have to honor the request.

You should contact an attorney who practices probate law. You can find one at the link below. Unless you are the personal representative/administrator/executor, you should not rely on the personal representative's attorney to give you advice.

IMO of course the other two will probably contest the will, but her desire seems pretty clear when it comes to the life insurance: she wanted just you to have it. If this comes down to a will contest, the court is going to try to determine the wishes of the deceased. It looks like that is all in your favor.

There are a couple of issues here.

Your mom had a will in place so unless you can prove it's invalid, it stands.

The verbal statements don't override the written will.
The executor of the estate tells you how to disburse the funds only.

I would speak with a probate attorney (not a will planner).

Sorry about your loss.

The life insurance is no contest--if she changed the beneficiary in her own handwriting then no will can contest it. That's the life insurance part...**you should get all of that policy**

The rest of the stuff will probably be determined by her last will and testament. If it is divided up in that document then you should honor that. You should register the will at your county courthouse. Since you were named as executor you legally should carry out the wishes in the will.

My sympathy to you on the loss of your mom.

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