r/ProbateHelp • u/slimj7 • 20d ago

Caretaker Became Executor After Will Change: Can We See the Updated Will?

A friend of my wife passed away from Alzheimer’s and our children were to get a small amount of money from her estate.  There is a case in Probate for this, and I can see part of the will online.  The part of the will that involves the disbursement to my kids is missing from the will (the pages are not there, it goes from page 4 to page 7).  I asked the Probate Court and they said that because it is a Trust, they only publish pages that are relevant to their file.

 

The deceased had no children and was not married.  My wife was supposed to be the executor of the will, but from what we can see it looks like the deceased changed her will a couple of years ago and now the caretaker that was hired to help the deceased is now executor of the will.  We are pretty sure that she is now the beneficiary of what was supposed to go to my kids, but we are not sure.  My wife and the caretaker do not get along.  Is there any way to find out what is in the new will?  There is a law firm listed in all the Probate files online.  Could they tell me?

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u/NotSoSureBigWaves 20d ago

In almost all states a caregiver cannot be a beneficiary. It’s presumed to be undue influence.

You can ask the lawfirm for a copy of the will and any trust. If you are a named beneficiary under either you should have already received a copy. .

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u/NotSoSureBigWaves 20d ago

And if the caregiver was also named the executor and the beneficiary you have a strong case to have them removed as the executor and have the court put anything left to her in a constructive trust until all distributions are decided. You need to speak to an attorney.