No one is prepared for the shock of an expected inheritance going to another person or an institution instead of a family member. It feels hurtful and unfair. Can it be challenged, asks MSN in an article, “My father just died and I was expecting a large inheritance. Instead, he’s given it all to the care home he was in. Is there anything I can do?”
The answer is, it depends.
Inheritances aren’t just about money. They’re about memories, family history, and a final message sent from the deceased. When a parent leaves everything to a nursing home instead of their children, it feels like a rejection.
Before firing off a series of furious emails or making phone calls, get a copy of the will. Any will filed in a local court can be obtained by anyone—regardless of their relationship with the deceased. Find out when the will was signed and start gathering facts. Details matter.
In general, anyone is free to leave their estate to anyone they want, including family, friends, charities, or a nursing home. There’s no rule saying children must inherit. But this doesn’t mean a will can’t be challenged, especially if valid questions are raised about the distribution.
Did the person understand what they were doing, act freely, and follow the right legal steps? If not, there may be room to challenge the will. If a person is seriously ill, heavily medicated, or living with dementia when the will was changed, this matters. A valid will generally requires the person to have legal testamentary capacity. They have to understand they are making a will, what they own, and who will benefit from receiving it.
Were they under undue influence? Elderly people in nursing homes are often targeted by scammers, being pressured to make changes to their wills. Isolation from loved ones, manipulation, or outright threats of physical abuse are unfortunately not unusual.
A generous gift to a nursing home providing end-of-life care isn’t suspicious in itself, but when a dramatic change to a will is made towards the end of someone’s life, it bears examining. Residents may be lonely and vulnerable, and boundaries may be blurred. If only one person or one institution becomes the sole heir, it is smart to ask questions.
Wills have strict legal requirements. They have to be signed by the person making it and witnessed correctly. If paperwork is sloppy, rushed, or involves people who had no business being involved, it should be challenged.
If there is an older will that leaves assets to family members, find it and compare it carefully with the new will. A dramatic change towards the end of life is relevant, especially if there’s no clear explanation. Timing could provide further insight. Was the will signed just after the person entered the nursing home? After a decline in health? Or after a staff member suddenly became very close to the elderly person?
A will prepared with an experienced estate planning attorney will be harder to challenge than one prepared with someone in the nursing home, which is likely to be invalid. If someone in the nursing home arranged for witnesses or hovered around the process, this raises valid suspicions. Medical records should be reviewed to show memory issues, medication changes, or vulnerability around the time the will was created.
Contact an estate planning attorney. They will be familiar with the fact patterns that lead to this type of situation and advise on appropriate courses of action. There may also be violations of facility policies, as well as state and federal regulations. The guidance of an estate planning attorney will help clarify the issues and determine whether or not the person expecting the inheritance has a case.
Legacy One Law Firm, APLC is an estate planning and probate administration law firm in Los Angeles, California, serving families throughout the State. Schedule a quick and easy consultation with our estate planning attorney, Sedric E. Collins, Esq., or call 323-900-5450.
