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'Throwing Away' a Living Will lauren [+2] Due March 14; 2 kids; Georgia 13472 posts
6th Dec '12

My DH grandmother passed 2 days ago and her daughter (who has power of attorney) is saying she wants to throw away Nanny's living will because she doesn't want to cremate her. Ultimately though, due to a long history of family problems it has been concluded by my DH and his two sisters that what is really happening is that there is something in the Will (aside from this) that she isn't happy with. My DH's cousin has been living with Nanny for a few years and has no job and no where to go. Nanny specifically told my DH that she was not leaving that house to the cousin. Aside from that, there are other assets that we know are left to certain people and DH/sisters believe that the aunt wants to keep them for herself or her daughter.



What happens if someone tries to avoid a living will an attempts to handle things themselves. It was done through an attorney's office I'm pretty sure, and DH says he thinks he knows which one it is.



What happens? What are the odds that if she DOES 'throw it away' that things will be handled the correct way after that. She funeral is Saturday. I don't know exactly what is going on otherwise.

S♡J=Malachi Due January 8 (boy); 3 angel babies; Florida 3278 posts
6th Dec '12

If it is filed she can't she has to follow what every is on that will

♥MamaToSilas♥ 1 child; Illinois 9396 posts
6th Dec '12

If its been legally filed then noone can change it or "throw it away" That's why they won't change it on their death bed either.

Not here to please you 3 kids; Jacksonville, Florida 2214 posts
6th Dec '12
Quoting Sami&Baby Silas:" If its been legally filed then noone can change it or "throw it away" That's why they won't change it on their death bed either."


:!:

lauren [+2] Due March 14; 2 kids; Georgia 13472 posts
6th Dec '12

I know, but what happens if it's not followed. Will she face prosecution? We just want to make sure that it's all handled correctly without any added drama.

Not here to please you 3 kids; Jacksonville, Florida 2214 posts
6th Dec '12
Quoting lauren [+2] TTC#3:" I know, but what happens if it's not followed. Will she face prosecution? We just want to make sure that it's all handled correctly without any added drama."


The lawyer reads it not her.

lauren [+2] Due March 14; 2 kids; Georgia 13472 posts
6th Dec '12
Quoting Carla DiFiore:" The lawyer reads it not her."


Well, from what I understand, she was going to pretty much say there was no will. And I have never had to deal with this so I don't know how it works... how would the lawyer even know she died? Sorry if I sound dumb, but I'm only 23 and I haven't had to be involved in any Will stuff before.

Gir! 2 kids; Ohio 7504 posts
6th Dec '12

The lawyer should have a copy of the will. They can't do shit about it if that's the case. I would contact the lawyer and let them know what she is saying/wanting to do to it. She could get in trouble for it and if she hides/takes anything that is willed to another person she could get in trouble for that. The will is practically a court order

lauren [+2] Due March 14; 2 kids; Georgia 13472 posts
6th Dec '12
Quoting Gir!:" The lawyer should have a copy of the will. They can't do shit about it if that's the case. I would contact ... [snip!] ... hides/takes anything that is willed to another person she could get in trouble for that. The will is practically a court order"


Thanks. I just found out that they are welcoming family and friends at home... so it appears they must have gone through with the cremation. As for the rest, let's hope it all works out. DH already said that if he thinks the aunt isn't following Nanny's will he's going to try to find the lawyer.

Gir! 2 kids; Ohio 7504 posts
6th Dec '12
Quoting lauren [+2] TTC#3:" Thanks. I just found out that they are welcoming family and friends at home... so it appears they must ... [snip!] ... it all works out. DH already said that if he thinks the aunt isn't following Nanny's will he's going to try to find the lawyer."


I would get in touch with them anyway. The lawyer should meet with all of the people that are in the will to begin with. Definitely call them ASAP before she can f**k anything up

Not here to please you 3 kids; Jacksonville, Florida 2214 posts
6th Dec '12
Quoting lauren [+2] TTC#3:" Well, from what I understand, she was going to pretty much say there was no will. And I have never had ... [snip!] ... lawyer even know she died? Sorry if I sound dumb, but I'm only 23 and I haven't had to be involved in any Will stuff before."


Because she has turn the death cerf.. In to him before claiming anything. She cant claim there no will if one was filed legally.

Not here to please you 3 kids; Jacksonville, Florida 2214 posts
6th Dec '12
Quoting lauren [+2] TTC#3:" Thanks. I just found out that they are welcoming family and friends at home... so it appears they must ... [snip!] ... it all works out. DH already said that if he thinks the aunt isn't following Nanny's will he's going to try to find the lawyer."


I think it would be a good idea to get one , just be on safe side.