Legal Question in Wills and Trusts in Kansas
Inheritance
My mother has inherited stocks from my step father. They were married 47yrs and had two children. My sister and I were from a previous marriage and lived in the home.
My half brother has fixed it so my mother get the interest from the stocks and told her to put in the will that he and his full sister will inherit the stocks. My mother had said she would put it so it is divided equally. What options does my sister and I have to insure her wishes are carried out. I need to say she has been diagnosed with
early alzheimer's and my half brother has a great deal of control over her. Also according to the will at this time he and I share
executorship.
1 Answer from Attorneys
Re: Inheritance
My understanding is that your mother signed a new will leaving the stocks to your half-brother and half-sister. Somewhere along the line, she told you that the stocks should be divided among her four children, contrary to the existing will. I see two issues that you should focus on. First, was your mother legally competent to execute the new will? The answer depends in large part on her doctor's assessment of her condition when she signed the will. If she was not competent, the will is not valid. Second, if she was competent, how do you prove she actually intended that the stocks be distributed among her four children when the will says otherwise? Proof can be obtained by your mother's writings, conversations that she had, and any other competent evidence that you can gather. Your situation will likely be resolved only in court.
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