How can I contest my mom’s recent Will and find out what happened financially and medically before she died.

My mom passed away recently. Before that, my sister took over my mom’s estate, spent a lot of her money and had her change her Will. I want to have the Will and financial situation revert back to before my mom had Alzheimer’s. My mom and sister shared the same lawyer who happens to be a judge. We were going through a guardianship hearing and she got herself appointed guardian of my mother before she died. My mom died suddenly and I have so many questions. I have several witnesses and there will be a paper trail inside the bank statements.

Asked on November 3, 2011 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  I think that your first step should e to hire an attorney t help you.  I would consider hiring someone from outside the region, as it may be very difficult to get some one who practices there regularly to take on the case.  It seems fraught with political problems as well.  You are going to have to challenge her appointment as the executrix of the Will for starters.  Once you are appointed then you have the right to delve in to the alleged mis-doings of your sister and to have the Will set aside based on the reasons you gave: she was not of sound mind, undue influence, etc.   Good luck to you.


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