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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Question Harassed to Resign Rights in an Outdated Will

    My question involves estate proceedings in the state of: California


    I'm not sure how to word this clearly, so I'll summarize the situation with bullet points:

    - Will #1: My Wife and her Mother are named Co-executors.
    ---- This will was drafted by my wife's Grandparents.
    ---- The estate was to be divided 50/50 between the two executors.

    - Will #2: My Wife was removed as executor, and her Aunt was added instead.
    ---- This will was drafted by her Grandfather.
    ---- The estate was to be divided 6 ways.

    - The current executors are having loads of problems with eachother, participating in what we perceive to be numerous unlawful activities. Grand theft, credit card fraud, etc.

    - My Wife's Mother now wishes to contest Will #2 and have it reverted back to Will #1.

    - My Wife is being harrassed* by her Mother who insists that she sign some document to waive her rights as executor in Will #1, or else join her in contesting the current will. The reason she cites is: there are combined accounts in both Grandma and Grandpa's name, and since my wife was on Will #1, she is required to take action in order to help her Mother gain access to these accounts.

    I'm sure the answers are obvious, but we're left asking the following questions:
    1: Why would my Wife need to agree or waive rights in a Will that is considered outdated?
    2: Can't her Mother contest the current Will without involving my Wife?
    3: Aren't the current executors able to access joint accounts on their own? Why would the executor of an outdated will need to be involved?
    4: Is my wife really required to sign any documentation when at this point she is merely a beneficiary?

    Thanks in advance for any help.


    *harassed is how my wife describes the situation. She can't even leave her phone on any more due to the constant calls, voice messaging and texts (not to mention emails & round-about communications through other family members).

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Harassed to Resign Rights in an Outdated Will

    1. Having not read either will, and knowing none of the facts, we have no way of knowing.

    2. Yes.

    3a. We have no way of knowing.
    3b. You mean, in terms of grandma's demands? Presumaby grandma wants somebody other than your wife to be executor. You wanna know why? You have to find out from grandma.

    4. No.

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