If my aunt made a Will that provided her estate would be sold and put in a trust, can she later change the Will after she’s been assigned a conservator by the probate court?

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If my aunt made a Will that provided her estate would be sold and put in a trust, can she later change the Will after she’s been assigned a conservator by the probate court?

My 87 yr old aunt was giving away her money to scammers (approximately $200,000). Adult Protective Services suggested she be assigned a conservator by probate court. Her brother who was her executer, power of attorney, etc. applied for the conserator to be appointed by the court. Court appointed a third party person to be conservator. Now aunt is mad and has changed her Will leaving any money she might have left to a brother with whom she’s had no realtionship in many years. Can she legally do this? Isn’t the Will a contract?

Asked on January 16, 2012 under Estate Planning, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

She might be able to do so if she is still considered to be of sound mind. However, if she changed her Will after the court approved a court appointed conservator as a result of Adult Protective Services, chances are she has been adjudicated as not being competent. Review the court records and see if this issue has been adjudicated. If not, you may need to go back to Adult Protective Services and see if they can intervene or if your family now needs to go to probate court to have the conservator file a motion to have the court rule she is not competent so that the will provision change can be considered null and void.


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