My mother's will states that real-estate 'goes to my children' with no mention of their descendants. In the residuary estate section, it states the Residuary estate goes to my children and their descendants. Initially, probate court told me that I, sole surviving child, would get the real-estate.
Now, 2+ months after probate closed, my deceased brother's (remarried) widow hired a lawyer and now the probate court states her child is entitled to half of the real-estate.
The will also states that if any beneficiary contest any part of the will, that they lose whatever bequests were given in the will.
I am the executor of the will.
Since Probate had already closed (12/20), is it legal for the Probate court to, in essence, change the terms of the will? I have several witnesses willing to provide affidavits to the effect that my mother, the deceased, made it clear that I would get the real-estate and that the grandson in question would get nothing.
if I cannot beat this challenge, can I remove myself as beneficiary and have the Probate court declare that all 5 blood-related grandchildren will get equal shares?
Under the original Probate interpretation, when the real-estate sold, I invested the proceeds in the stock market and there have been losses. If the challenge wins, will I have to come up with the delta--since the investment losses occurred under the original interpretation?
Not sure if it has any bearing on the situation, but the grandson in question was in jail at the time of their deaths (mother & father). He had stolen many family heirlooms and pawned them off to pay for his next oxy-fix.