Hello, I have a 98 year old grandpa, I am his POA/Executor/Trustee, etc. His will has been in place for many years, without any issues. He is now on hospice, still very much alive, but ailing, in poor health, of poor mind/mental state, etc. Long story short, we have cousins who call a couple of times a month who are all of a sudden very active in his life, calling, talking about their money troubles, etc. and my grandfather I feel, is being taken advantage of. I stand to make ZERO money from my grandfathers will, most of the estate goes to my mom, and some goes to these cousins, yet suddenly, with confusion and paranoia, he is starting to question giving them "more". I do have two letters of incompetence from his doctors, what would be my next step here to protect his will to remain as is?
You are POA/Executor/Trustee of your grandpa.
You are required to manage his finances when he has reached that stage of poor mind/mental state. That means he should not have any access to give away or change his will.
The cousins who are attempting to exploit an elder should have a restraining order placed on them after a visit from APS (Adult Protective Services) where you report the cousins.
I mean, the man is in Hospice. It is shocking that the cousins would try this.
Crude, rude, and criminal behavior.
If you cannot do this, ask your mother or their mother to read them the riot act, and say this:
The only changes to Grandpa's will possible are :
1) to exclude the cousins from the inheritance altogether. They get $1.00.
2) to add to the will that anyone contesting the will will only get $1.00.
You see the attorney who drafted the will, it will come out of Grandpa's expenses. Allow cousins to make an appointment with the attorney at their own expense.
It is unbelievable that you would benefit ZERO and your cousins would even be in the will.
What is with that?
Do you mean your Mother's siblings, your mother's cousins, your aunts and uncles?
Your Grandpa's children?
There is so much to go around, and you do not benefit?
Who does that, asks for money from a dying old man?
I would have "supervised visits" required from now on.
Another thing you could do, as POA, is spend down his assets and get for him everything he was too frugal to get for himself. The best electric chair; scooter;
new bed; portable oxygen that goes with the person and looks like a purse/attache/briefcase; a handicapped van wheelchair accessible, a membership in the turf club for horse races; yearly tickets to sports; opera; home improvements for handicapped; new appliances, air fryer; a club membership to the fruit of the month club, anything fabulous for any of his pets; new curtains; a second mortgage to build a pool; remodel a guest room for a 24/7 caregiver; a new hat, etc.
P.S. You do not have to tell anyone what you are doing. That is, spending Grandpa's money on Grandpa. Can he travel?
Once these letters of incompetency are registered no legal document changes will stand under the law. Explain to grandfather that the Trust is being protected and can no longer be changed.
You can always call your attorney and have a consult usually for an hour for a fee sometimes if you already have a trust with them they won't even charge you. But you have no obligation to talk to them about the will or trust. You have an obligation to protect grandpa - just as you would protect yourself. NONE OF THIER BUSINESS!