My mother excluded me from her will — before she died, my sibling cashed out her annuity policy, on which I was a beneficiary. Should I sue my family?

Dear Quentin, My mother recently passed away and I was written out of the will, except for a small amount. She and I had several disagreements over the past two years. This change of will occurred 15 months prior to her death, with her executors present. The remainder of her estate is being divided between my siblings.

Do you feel that I have a claim due to the way this was handled by the executors for their benefit, or would I be turned down in court? All estate lawyers want a substantial amount of money up front to discuss this, so any advice is appreciated. And they wonder why we’re not getting together at Christmas. Thank you in advance for your time.Dear Axed, I’m sorry that your disagreement with your mother has led to this turn of events.

Your mother would need to have been of sound mind. A person must understand what they are signing when signing a power of attorney — that is, she should have had mental capacity, a term that refers to a person’s ability to sign a document like this. She would need to know why she was signing it, what she was signing, and what was at stake.

In New York, for instance, there is a rule known as “dead man’s statute” that aims to protect the interests of the decedent — the deceased person, in this case your mother — against her heirs making unsubstantiated claims that cannot be otherwise verified. It does this by excluding communications between the claimant and the deceased.

No. You should immediately go to therapy to understand why your mother hates you soooooo much.

No.

This one's easy. No, do not sue your family. Take a few days or weeks to be angry, curse, scream, and mourn the loss of what could have been a helpful sum of money. Then spend the rest of your life enjoying the freedom of not having unnecessary hell in your family.

Absolutely

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