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GOOD PLANS CAN GO WRONG 
To avoid probate after she died, Edith, an elderly widow, decided to give her home to her 
daughter Susan. They had always gotten along very well, and Susan assured her mother she 
would be able to live in the house for the rest of her life. Susan even stated so in her will, just in 
case anything happened to her first. Unfortunately, Susan died suddenly in an accident. Not long 
after, Edith was shocked when she received an eviction notice. As it turned out, Susan had made 
her husband joint owner of the house with her, and when Susan died he became sole owner. He 
had never cared about Edith and decided to sell. Susan's will didn't make any difference, because 
her share had transferred to her husband immediately upon her death. 
Over the years,John and his wife Eleanor had planned carefully, saved and invested wisely 
for their retirement. They made sure their wills, which left everything to each other, were always 
up to date. They even had trusts in their wills for extra protection. Unfortunately, John developed 
Alzheimer's. As his condition worsened, Eleanor needed to sell some of their investments. But 
John was no longer able to conduct business, and Eleanor soon learned she couldn't sign for 
him-only a court-appointed guardian could. It was hard enough dealing with John's situation, 
but now Eleanor also had to deal with the court. She didn't know the court would stqy involved to 
"protect" John's share of the proceeds. She had to keep detailed records of everything-the court 
insisted upon approving all expenses and the sale of their jointly owned assets. When John died 
several years later, Eleanor found herself back in court again-this time to probate his will. 
Claire was lonely after Fred, her husband of 40 years, died. To fill her time, she started taking 
ballroom dancing lessons. Her instructor, a much younger "gentleman," was very quick to provide 
her with the companionship she was missing. And Claire, with a new sense of self-esteem, soon 
fell head over heels. Fred and Claire's children were shocked when their mother announced she 
had married her instructor. But the real shock came seven months later when Claire died-and 
the children learned their mother had placed everything in joint ownership with her new husband. 
As the new sole owner, he decided to sell everything and leave town. Because their mother had 
made her new husband joint owner, the children had been completely disinherited. And every- 
thing Fred and Claire had built over the years was gone. 
When George and Betty moved to Florida, they gave their home in New York to their 
daughter Anne, a divorced mother of three. Anne later remarried and, as a wedding present 
to her new husband, she changed the title on the house from her name to both their names, as 
husband and wife. Not long after, Anne suddenly became ill and died. Her husband, now the 
sole owner, promptly booted the children (all teenagers) out of the house. George and Betty will 
undoubtedly have many sleepless nights-and regrets-over this situation. 
When Edward and Beth married, they both had children and assets from previous mar- 
riages. They had new wills prepared, with each leaving their separate assets to their own children. 
When Edward died ten years later, Beth's attorney advised her that, as a surviving spouse in that 
state, she was entitled to a percentage of all of Edward's assets-including the 300-acre farm 
that had been in his family for generations. Although she knew Edward had wanted the farm to 
go only to his children, she felt that she and her children had a right to part of it. She decided to 
contest Edward's will, prompting a bitter and expensive court battle. Eventually Beth won. But 
the farm had to be sold to pay the expenses, and the closeness the family had developed during 
Edward's lifetime had been destroyed. 
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