If my mom is still alive but has Alzheimer’s, can I get a copy of her Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mom is still alive but has Alzheimer’s, can I get a copy of her Will?

My family is screwing with me. There selling items from my mom’s house and notinforming me.

Asked on February 20, 2019 under Estate Planning, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your mother is still alive, the will is irrelevant: a will only takes affect when a person dies, and while they live, they--or people with legal authority from them (like a power of atorney) or over them (like a court-appointed guardian or conservator)--can spend, sell, give away, etc. their money and belongings regardeless of who might get those things under a will. The will doesn't control what happens to assets/items/money/etc. while a person is alive.
The real issue is not the will, but whether 1) do they have the legal authority (e.g. a POA or guardianship) to sell your mother's items, since if they don't, they are stealing from her; and 2) even if they have legal power, are they doing this in her interest or in their own--someone with a POA, for example, can sell items to pay for the medical or other needs of the person who gave them the POA, but not to pocket the money themselves, since they are bound by a "fiduciary duty" (an obligation imposed by law) to act in the best interests of the person giving them the POA.
If you think your family does not have the legal authority to do what they are doing or that they do, but are abusing it, you can contact your state's elder protective services agency or department or possibly the local police to file a complaint, or speak with an elder law attorney about what kinds of legal actions you may be able to bring to protect your mother.


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