Wesley Chapel, FL asked in Probate for Puerto Rico

Q: my father has the beginning of dementia, his wife did a will on his behalf having him sign it making her the sole heir.

My father has 4 children, can we attest those documents. Can we hire a lawyer to get those document, the deed to the property/land and marriage certificate in order to mandate the correct heir to the house?

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: It sounds like you want to contest the will in advance, before your father passes. That is very uncommon, the reason being that technically a will is not effective until death and can be changed any time up until then as long as the testator has capacity.

What you CAN do is hire an attorney to petition to have yourself appointed as conservator of your father's estate, and then once appointed you can petition the court to declare the will invalid (because he did not have capacity at the time it was made, but you would have to prove that). Then you might also try petitioning the court to allow you to create an estate plan for him, based upon substituted judgement, but my best guess is unless there are other compelling reasons (such as Medicaid planning for him or special needs planning for an heir) that the judge will say let's let him pass intestate (without a will).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.