Q: My father has been deemed as incompetent, before he got ill. He mentioned he left everything to my half sister.
However, she's not able to take on decisions and handle finances. So she let her sister (which is his step daughter)take over it all. My father has 3 biological kids by his first wife. Both wife's are deceased. As his biological kids. Do we have any rights or say so regarding our father. Yes, his will states our half sister is beneficiary. Any suggestions? Or we wasting our time.
A:
Your facts are not clear. If his sister had a durable power of attorney (DPOA), that gave her the power to act for your dad. However, if she is no longer able to serve, the successor named to her in the DPOA would than act. She does not have the power to delegate her power to someone else.
As to the will, if there is a question as to whether your father was legally competent to name your half-sister as sole beneficiary, then you should seek an estates attorney to see if the will once probated is contestable.
You should sit down with an estates attorney to go over this situation fully and to know what your rights may be in this situation and what you can do know to help you and your family. Do not delay; get with an estates attorney immediately.
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