Are changes while the maker of a Will is in a medicated state proper and legal?

The children called the family attorney to change Will while my spouse was in medicated state. All changes were made without my presence and without being contacted about an attorney coming to make changes to the current Will. Being the spouse, do I have a say? He was on morphine and only semi-coherent at the time/

Asked on August 26, 2014 under Estate Planning, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

None of these changes will be enforceable in a court of law.  You can simply indicate that this was an abuse and it will be voided.  The children seemed to have used their undue influence while the spouse was heavily medicated to make decision.  If this person does not have a power of attorney for such legal matters, then you need to immediately go to court and have this changed as long as your spouse would like to change the will back.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.