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That tallies with what I have found in my research: According to the California Probate Code, starting with Section 6110, verbal wills are not recognized in California courts. So unless she did write something down, and we can find it, we will have to conclude that she is intestate.
I reread your question and remarks. Sounds to me your mother does not have a will because nothing written was found, and the only wishes from her were related verbally to you by your sister. If that's the case, then she has no will. Verbal wishes do not count and are not valid. No one can make a will on someone else's behalf. Only a judge in probate court will determine how her assets will be distributed according to the laws where your mother lives.
I assure you that I do not have ulterior motives here. So far as my sister, my younger brother, and an aunt have been able to tell, my mother has nothing written down in this regard.
I do not understand. You said overrule her wishes, yet she has nothing written down? If that is the case she will pass without a will and probate will determine how the estate is distributed.
A written statement isn’t going to carry any more weight than a passing comment.
The laws that are in place are there to protect the persons Last Will and to prevent exactly what you propose doing.
If it were that easy - a whole lot more of changing the person intentions and wishes would be going on - creating utter chaos and tying up the courts with inter family squabbling for years.
You may not agree with your mothers will but to be blunt- it’s not your money. Sorry.
Not anymore than you changing their will and forging her name. Sounds like you intend on changing the written will once you have a chance to find it? Why do you have such criminal intentions to do once you are in a place of authority?
I understand...of course, a written statement is a must...I doubt that a probate court, for example, would accept a passing remark as a binding expression of a testator's wishes.
The above answers are correct. It is illegal in all 50 states for anyone other than the persons who’s will it is - to make any changes whatsoever. It makes no difference if someone has POA, DPOA, Guardianship, Conservator, Trustee, etc.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
The laws that are in place are there to protect the persons Last Will and to prevent exactly what you propose doing.
If it were that easy - a whole lot more of changing the person intentions and wishes would be going on - creating utter chaos and tying up the courts with inter family squabbling for years.
You may not agree with your mothers will but to be blunt- it’s not your money. Sorry.
Here is the answer from LegalZoom.
info.legalzoom.com/can-conservator-change-will-21601.html