How do I contest a Will due to incompetency of the maker?
Question Details:
Mom divorced 7/31/01; Will 2003. It leaves everything to her son, otherwise to her "husband". Mom diagnosed Alzheimers in 1999. In 2000, gave me Durable Power for everthing and drew up a Will leaving everything to me. Her attorney in 2003 refused to see her because she wanted to change the will again. He said he felt uncomfortable because of memory loss. Can I contest the Will of 03; obviously she was having problems. I had no idea of all the changes. Plus on the final Will she was not married. I believe that shows her memory loss. Any advice what steps I can take to contest the last Will?
Thanks for the email in relation to your intesting case. My firm Dailey Law Firm PC of Royal Oak Michigan www.daileylawyers.com has handled many cases like yours. We have achieved a great many successes for our clients facing similiar legal challenges. A will contest can be filed on an hourly fee basis. Attorney J. Matthew Catchick of my office handles those matter. To properly advise you we need far more information than you have so far provided. I would like to invite you to take advantage of our free initial consulation. If you would like to have a free initial consulation please contact J. Matthew Catchick of my office at the number below and he will assist you.
If you would like more information please contact me Brian Dailey www.briandailey.com at my phone number 866 66LAWYER. Dailey Law Firm PC of Royal Oak Michigan offers to all clients a free initial consultation. You can also log onto to my legal talk radio show website www.thelawshow.com and listen to one of the many interesting pod casts in a variety of areas of law. You can also tune into the law show every Sunday from 2:00 PM to 3:00 PM on News Talk 760 WJR AM the Great Voice of the Great Lakes. You can also live stream the law show from www.thelawshow.com/live-video. Thanks again and I look forward to meeting you and assisting you in achieving your legal goals. Good luck Brian Dailey
In my opinion, everything that your mother has done after being diagnosed with Alzheimers is subject to challenge. You need to talk to a lawyer about the validity of the divorce and everything that has been done since she was diagnosed.
In addition to th question about the divorce, you should talk to someone about the will, the durable power of attorney and any other changes that have taken place since she was diagnosed with Alzheimers.
There are serious questions in my mind about the scenario you have described and if you are thinking about contesting any of the post diagnosis matters you will need the advice of an attorney.
Good Luck!
