Jul 11, 2026
As baby boomers pass away, an estimated $124 trillion of wealth is expected to be transferred to younger generations through 2048. Many young people expect to receive a huge chunk of this money, with Choice Mutual reporting that the average American expecting an inheritance thinks they’ll receive around $334,850 from their parents.
But what happens if you’re expecting an inheritance and another family member snatches it out from under you?
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Let’s pretend, for example, that Tom was anticipating receiving $400,000 from his grandmother. However, Tom’s dad convinced Grandma that only kids should inherit and not grandchildren, so now Grandma has changed her will.
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What options does Tom have in this situation to get his inheritance back? Should he demand that his grandmother change the will again or pursue another course of action?
Here’s what estate planning lawyers say about the situation.
Tom can talk with his grandmother, but he has to be careful
Tom’s most logical move would be to talk to his grandmother. However, he must be careful in how he approaches her and remember that he may not get the desired outcome.
“You may want to have a discussion with her about it, keeping in mind that ultimately it is up to her,” Joseph Fresard, attorney at Simasko Law, told Moneywise.
The discussion shouldn’t necessarily include a demand to change the will, though: “Consider how a campaign to have the grandmother change her will back could lead to an accusation that the grandchild is now doing the same thing he was accusing his father of doing,” Barry E. Janay, principal and founder at the law office of Barry E. Janay, told Moneywise.
Fortunately, Janay had a suggestion Tom may want to take.
“In my view, the smartest move is to encourage the grandmother to meet with her own estate planning attorney, alone, with no family members in the room,” he said. “A good attorney will independently assess her capacity and may even bring in a social worker, psychologist, or medical specialist to confirm capacity.”
Janay explains that an attorney will be able to ask the grandmother candidly why she changed her will — and they’ll document that conversation. “If the grandmother genuinely wants the father to inherit, that memo protects her wishes. If she was pressured into it, a seasoned attorney will usually pick up on that.”
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This may not lead to the will being changed back, but it does allow Grandma to truly make her own choices about her legacy, which is hopefully what Tom really wants in the first place.
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Tom should confirm whether Grandma acted of her own free will
Whether Tom directly confronts his grandmother or not, it’s very important to determine why Grandma made the change.
“When someone says, ‘Dad convinced grandma to change the will,’ the key question is what ‘convinced’ means,’ said T.L. Turnipseed, head of personal trusts at Alta Trust Company. “A competent adult is generally allowed to change her estate plan, even in a way that disappoints prospective heirs.” But this doesn’t mean every change is a valid one.
“If she changed the will of her own volition, it does not matter if he convinced her to do it,” said Fresard. “However, if she was coerced or unduly influenced, or if she did not have the mental capacity to understand what she was doing, you may want to talk to an attorney.”
Tom should be on the lookout for signs of worrisome changes in his grandmother’s behavior that could suggest something sinister was at play.
“If she appears confused, fearful, isolated, dependent on dad, or unable to explain the change in her own words, stop arguing and call a qualified lawyer,” advised Turnipseed. “At that point, the issue is not winning the inheritance. The issue is protecting an older adult from exploitation while preserving evidence if a later contest becomes necessary.”
The courts could provide help, but likely after death
If Tom’s grandmother was unduly influenced, he may be able to turn to the courts for help — potentially during his grandmother’s life and more commonly after her death.
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“While the grandmother is still alive, the grandchild has a mere ‘expectancy’ in an inheritance, and typically it’s hard to sue over a mere expectancy,” Janay explained. “But if there was manipulation, such as undue influence or duress in getting the grandmother to change her estate plans, then yes, a claim could be maintained.”
Tom could take action after death and may have more luck in that situation.
“If you believe the change was the product of undue influence, you can contest the will in probate court on the grounds of duress or undue influence,” Janay said.
Janay explained that these types of cases typically turn on specific facts like who drove her to the lawyer’s office, whether she was dependent on that person, and who was in the room when the change happened.
However, he also had a strong warning for Tom. “A couple of caveats about will contests, however, is that the family may have to spend a lot of money in fees, which can burn whatever is left of the money. This is just one more reason the independent-attorney visit can be the best investment someone ever makes.”
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Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
