Show Low, AZ asked in Estate Planning and Probate for Arizona

Q: should my 90 plus year old grandmother who clearly is senile be able to change my grandparents will

my sister brought her to lawyer and cut everyone out except her and her new husband My grandmother was in her late nineties and didnt recognize anyone in the family so how could she be able to redirect all thier original wishes for thier estate. Is this legal or just moraly wrong,the parties in orig. will were not given oppertunity to contest.and not notified of changes in will from the one we recieved when my grandfather died some years back

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: Hire a will contest attorney to challenge the will on the basis of lack of capacity and maybe also undue influence. A will given while the testatrix lacked testamentary capacity is void, but you have to prove it. If nobody contests it when it is presented to the probate court, it will be admitted as a valid will.

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