What to do if my mother has been living with my sister who took her to a lawyer and changed her Will so that she gets the estate for taking care of her?

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What to do if my mother has been living with my sister who took her to a lawyer and changed her Will so that she gets the estate for taking care of her?

My mother is 84 and has been living with my sister for about a year; the Will was changed without informing my brother and I. My mom signed it but has no idea about money or how much money she is worth. I believe with life ins. policies, fathers 30 year navy pension, social security and money they had in bank accounts the estate could be over 2 million dollars. My Mom has been convinced by my sister that she deserves it all for taking care of her. Is there anything I can do to correct this injustice. I believe she deserves more than me or my brother but what she did is unbelievable.

Asked on September 24, 2013 under Estate Planning, New Jersey

Answers:

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

Answered 10 years ago | Contributor

Yes it is unbelievable. Understand that there are many court cases that uphold these type of changes where one child - who is the primary care taker - inherits all.  But if your sister initiated the change and you think that she in some way unduly influenced your Mother due to her position as caregiver and/or due to your Mother's age, then seek legal help. You may be able to obtain conservatorship or guardianship over your Mother and have the Will set aside or voided. Good luck.


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