Can someone onAlzheimer medication be competent to change a Will?

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Can someone onAlzheimer medication be competent to change a Will?

My mother was on Alzheimer medication when my sister had the Will changed. Instead of an equal portion of the assets, the new Will entitles me to $10 and a cup of coffee. My sister put the property in her name and got a loan ( I heard the property might be in default). Now I am being evicted off one of the properties. What can I do to stop my eviction? To get my proper share of the assets? should I speak with a probate attorney? In Los Angeles County, CA.

Asked on July 2, 2011 under Estate Planning, California

Answers:

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

Answered 10 years ago | Contributor

Yes, please go and see an attorney who specializes in these matters as soon as you can.  I can not tell from your question if your Mother has passed away or not.  If she has then I am sorry for your loss and what you need to do is to contest the Will and have it set aside as invalid as your Mother did not have the mental capacity to make a Will and she was unduly influenced.  If she is still alive you would have the Will set aside for the same reasons but you may need to ask the court that you be made conservator of your Mother and her estate.  Good luck to you. 


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