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  1. #1

    Default Family Trying to Declare Mother Incompetent

    My sister-in-law changed my father-in-laws will when he was 98 and not of sound mind. An attorney came to his house and had him sign the will after asking him if he wanted his will "to be fair". My husband was to inherit his parents farm, and his 5 brothers and sisters would split a 60 acre piece of land and 400,000. The farm is 16 acres. My father-in-laws will was in effect for 25 years and all in the family knew what it said. My father-in-law recently died, and one parcel of land had to go to probate..so we found out about the will change. Our attorney said the solution was to have my mother-in-law make out her own will if she still wanted her son to inherit her farm...which we are in the process of doing. Meanwhile, the rest of the family found out their mother was making a will and changing it back to how the original will was. One daughter has really started bullying the mom, and is now telling everyone that the mother has Alzhiemers, etc even though she does not. She is normally a little forgetful as she is 94 years old. Can this daughter do anything legally to stop her mom from making out a will? The daughter is power of attorney which the daughter does not want her to be. ( she was the fathers POA) also. Thank you

  2. #2
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    Default Re: Family Trying to Declare Mother Incompetent

    If the type of cooperation your lawyer anticipated is not forthcoming, talk to your lawyer about contesting the will that you believe is not valid, such that your father-in-law's estate will be distributed in accord with his prior will.

    Your mother-in-law may amend or revoke her will as long as she remains competent to do so. Whatever your husband gets in a will as a result of the current compromise could be lost the next day.

  3. #3

    Default Re: Family Trying to Declare Mother Incompetent

    If you are concerned about a will contest, be sure the attorney interviews her in private and it is also a good idea to do a video.

  4. #4

    Default Re: Family Trying to Declare Mother Incompetent

    Thank you very much for the information. Nancy

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