Legal Question in Wills and Trusts in New Jersey

if there are 2 sisters alive , can one change their mother's will without the other one's permission


Asked on 1/05/12, 10:54 am

3 Answers from Attorneys
Larry Raiken Larry S Raiken LLC

Neither sister can change the mothers will without mothers consent

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Answered on 1/05/12, 11:07 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

The question is strange.

Only the mother can change her own will. She does not need "permission" from anyone to make a change.

Are you inferring that one sister has used "undue influence" to get the mother to change her will? If that can be proven [not easy] then it's possible that the new will might be invalid.

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Answered on 1/05/12, 11:14 am
Walter LeVine Walter D. LeVine, Esq.

I agree with the other authors, but caution that if the one wanting to make a change has a general Power of Attorney from her mother giving her the right to make changes, there could be a problem. This could be a breach of fiduciary responsibility.

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Answered on 1/05/12, 12:06 pm


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