Case Study:

Client Background

A caller reached out to Rosenblum Law on behalf of her 94-year-old mother to update her estate plan. Although the mother had a previous estate plan, significant revisions were needed to reflect her current wishes. Specifically, she wanted to leave her entire estate to one daughter, while disinheriting the other. This presented challenges due to the complexity of the request and the mother’s advanced age.

Challenges

1. The mother requested substantial changes to her will, disinheriting one daughter and leaving everything to the other. This raised concerns about the potential for future disputes and legal challenges.
2. Due to the mother’s age and mobility issues, the process needed to be expedited, and careful attention was required to ensure the mother was acting of her own volition, with full mental competence.
3. The daughter facilitating the updates was only in town for a few days, which added pressure to ensure the will was reviewed and executed quickly.

Solutions Provided

Rosenblum Law took a cautious and thorough approach to this case to ensure that the mother’s final wishes were respected while mitigating any potential legal risks. Here’s how we handled the situation:

1. Independent Conversations to Ensure Competency: Given the complexity and sensitivity of the request, we conducted multiple independent conversations with the mother to verify her mental competency and confirm that she was not under any duress. This was crucial in ensuring that the will could withstand any potential challenges in the future.
2. House Call for Paperwork Review: Due to the client’s mobility issues, our team made a house call to personally deliver the paperwork for her to review. This allowed us to ensure that the mother had the time and space to go over the documents at her own pace and ask any questions.
3. Expedited Execution: With the daughter only in town for a few days, we worked quickly to facilitate the review and signing of the documents. The following day, after all necessary reviews were completed, the revised will was executed, ensuring that the mother’s wishes were legally documented.

Outcome

Thanks to Rosenblum Law’s careful and expedited approach, the mother’s revised estate plan was successfully executed, leaving her estate to the daughter she wished to inherit everything. By taking the necessary steps to ensure competency and avoid any potential challenges, the client’s final wishes were respected, and the estate plan was updated according to her specific desires.

Conclusion

At Rosenblum Law, we understand the complexities involved in revising wills, especially when it comes to disinheriting a family member. Our team takes a thorough and compassionate approach to ensure that our clients’ wishes are honored while safeguarding against potential disputes. Whether you’re updating an existing estate plan or creating a new one, our team is here to provide the legal support and guidance you need to protect your legacy.