What to do if my brother has broken the code of ethics as an attorney concerning my mother’s estate?

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What to do if my brother has broken the code of ethics as an attorney concerning my mother’s estate?

My mother was in the hospital with heart issues. She was scared and upset. My brother is an attorney and brought in another attorney to change her will to exclude me, her oldest and only daughter, from the Will. He did this over 4 years ago. I found the Will by chance, while moving my mother, who is still living. She doesn’t remember doing this. I feel very strongly that my mother was under great duress and my brother admitted to my adult daughter the details stated above so it is not hearsay. What direction should I take, if any?

Asked on May 27, 2013 under Estate Planning, California

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

This is easy to correct, assuming that your mother has mental capacity to make a new will. She just needs to write a new will. It will be better for her to get a lawyer to help with this, instead of writing a new will on her own. She can even use the same lawyer that your brother recommended 4 years ago, if she wants to. Her lawyer can make sure that the will is executed properly. And the lawyer will be another witness (if it becomes necessary) that you did not force your mother to change her will and that she had the mental capacity to do change it.


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