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

Answers:

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.  


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