An unmarried (with no kids) relative of mine is re-doing their will but her companion is drafting it for her in a web tool. The companion is drafting it in a way that they are the main beneficiary as well as the executor and durable POA. I suspect coercion is taking place.
As others have responded, they seem to think this 'companion' is a live in (or not) love interest or someone your relative is in a relationship with - which I didn't understand initially. What is their relationship?
How did you find this out?
How close are you to this relative?
Would she let you see the new will before finalizing?
Does this relative have dementia / a signed document from her MD?
- is she of sound mind?
Would she consider going to an attorney (likely not is using a template).
Although perhaps you can find a pro-bono attorney to help her (which I
found for my friend years ago.)
By the way, I also drafted mine using a template (FreeWill I think it is called).
- It can be changed / edited or redone if need be. It worked out well for me although your concerns are very different - and I appreciate you bringing this up due to caring for your relative.
I believe being a beneficiary is a LEGAL conflict with being the executor.
And, this non-family member is making his or herself in charge of everything - every legal need? It is a major red flag to me although we are looking in from the outside. I do not know the legal requirements 'of separation' of these resonsibilities PLUS being a beneficiary. I'd check that out.
What about calling an umbudman?
Or ask a social worker - does your relative have one.
I certainly hope you pursue with some professional to make needed (legal and ethical) clarifications.
"If" your relative is of sound mind and this is a love-interest, perhaps it is all fine and dandy. Still, your concerns are important to clarify.
Gena / Touch Matters
as someone else said speak to the relative
You have t discloses who this non family person is
someone who’s been around a lot
a care person ?
why do you think the will may change ?
you need open conversation With your relative
hear what they have to say and if appropriate tell them you’re worried about someone taking advantage of her -
Perhaps it is her wish for the companion to be the main beneficiary, executor and durable POA. If she expresses any concerns about this, or if you feel that she is vulnerable and doesn't understand, you can report suspected financial abuse to Adult Protective Services.
Otherwise, stay out of it.
Do you think that he is pretending to be her companion only to get her money?
I agree with lealonnie1, that if your relative doesn't have any impairment then it's her decision.
If she's only known this companion for a brief time and you now for a fact that she's changing her Will as you described, then I also agree that you need to have some very hard proof to involve APS or an attorney. That's your only recourse.
Good luck to you.