How can we contest a Will that my grandmother didn’t change?

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How can we contest a Will that my grandmother didn’t change?

My grandmother became ill 6 years ago. She was paralyzed and aphasic spoke gibberish but her mind was good. My mother moved in with her and cared for her day to day for 6 years; she had POA. My aunt was around

literally 3 of the time, did nothing to help, etc. My mother is also disabled. My grandmother’s Will was done before her stroke and before she knew that her oldest daughter would basically desert her in her greatest time of need. My

mother felt bad about trying to get the Will changed after the fact for fear of how it look. It states that everything is be divided half and half. Due to this we will have to sell my grandmother’s home, which she would not have wanted, in order to give my aunt half the cash. My mother who was a dependent of my grandmother will then have no place to live. Is there anything we could do about this? Of course my aunt has shown up now that it’s time to do probate.

Asked on March 12, 2016 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, based on what you write, there is nothing you can do: there is no law requiring that a person change a will, even if she had promised to, or even if it would only fair or equitable for it to have been changed, or to compensate someone for having taken care of them--it is completely voluntary on a person whether and how to change a will. There is therefore no legal basis or grounds to challenge a will because it was not changed--that's simply not a valid legal claim.
And once a person has passed away, there is no way to change or revise the will; the will is whatever it was at their death. Unfortunately, your grandmother's will is what it is; if your grandmother should have changed it but did not, that is regretable but there is nothing to be done about it.


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