Should our family challenge my mother-in-law’s Will if she was physically and mentally debilitated at the time?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should our family challenge my mother-in-law’s Will if she was physically and mentally debilitated at the time?

After her death, we discovered that a non-family member, just at the time she was being admitted to hospice (final 3 weeks of life) assisted her in sneaking to an attorney. My MIL signed a new Will with drastic changes, making this person POA. This person and his brother benefitted greatly. He also had her change beneficiary on her retirement funds and other things. We think we not only have a compelling case for a challengebut possibly some other action against this person. We knew nothing of any of this until after her death. Her husband is 84. She was undergoing chemo and there was possible metastasis to the brain.

Asked on October 29, 2011 under Estate Planning, Alabama

Answers:

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

Answered 12 years ago | Contributor

Oh my goodness.  I am so sorry for your loss and for the problemsthat have ensued. Without being able to review the medical records or speak with doctors, etc., I would say that from the information that you have presented here you have a compelling argument to indeed challenge the Will.  It is absolutely suspicious that someone would change their Will so drastically in the last few weeks of life to appoint a non-family member as a POA (which dies at the death of that for whom they are to act so was she appointed as Executor?) and to leave everything to someone else, especially when there is a Husband still alive.  Please seek legal help asap.  You have not stated where in the proceedings you are here and you need to move quickly.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption