If my mother is hours from death and cannot talk or shake head and is starring in space, can her Will be changed?

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If my mother is hours from death and cannot talk or shake head and is starring in space, can her Will be changed?

The point being, my sister had her lawyer in the care home with his wife as witness and she (my sister) signed my mother’s name and a new Will was issued with her (my sister). Her husband was made executor and my brother was removed as one of the executors. It was my sister who called all the shots and her husband was simply a signature.

Asked on May 28, 2015 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, if your mother was not mentally compentent at the time the new or revised will was made, that will will not be effective: only mentally compentent people can make or change a will. Furthermore, if it was signed by your sister, it would not be valid for that reason, too, since it would not have been properly signed as required by law. Based on what you write, there would seem to be good grounds to challange this will; you should speak with an attorney who handles probate work about your options.


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