Tuesday, May 29, 2012

Tuesday, August 18, 2009 Gary asks

Q: how does one know mental capacity of person diagnosed with Alz. when new will is created?

will existed (1996) that distributed property equally among four adult children by the parent when she was in good health.  The will was reviewed by parent(aged 79) in July 2007(who was diagnosed with Alzheimers two years prior)with all four children present.  6 months later the will is secretly changed by the adult child who was given the parents house in exchange for future care.  Is the will valid, the executor is the same adult child who took the house.  The lawyer for the new will was a real estate lawyer friend of said child.  The lawyer for the 1996 will was an elder care lawyer. In 2009 the parent died.  The real estate lawyer was released by executor and in August 2009 a new attorney ws hired by executor and he filed probate proceeding. He was not aware the deceased suffered from Alzheimers.  Is this a will that should be contested? 

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Carol Bradley Bursack, Health Guide
8/19/09 7:09am

I certainly would talk to an estate attorney about your options. This doesn't sound like everything was above board, but you'd need an attorney to move forward.

 

Good luck with this,

Carol

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By Gary— Last Modified: 12/25/10, First Published: 08/18/09