Q: will it be a problem if my Date of Birth is incorrect on my mother's will?
I used to live with mom. We siblings are not close and I decided to exit the toxic environment back to another toxic environment that I was more comfortable with. That being said, I had taken mom to have a will drawn up because she was displaying a loss in cognitive value. She was later diagnosed with mid stage Alzheimer's. This diagnosis was done in the first week of March 2021 just before mom's 82nd Birthday. I left the home and moved to South Carolina in the beginning of April 2021. My Sister and my mother's significant other took my mother to a different attorney and drew up a new will, after the diagnosis. Can I dispute this will?
A: Yes, but what's the basis for disputing it? That your date of birth is wrong? That's probably not a material issue to render the Will invalid. But the best advice is to take Mom's new Will to a probate attorney who is licensed to practice in Florida, who may be able to give some advice as to whether its worth disputing it.
Phillip William Gunthert agrees with this answer
A: You will want to find and speak with a Florida Probate Litigation Attorney, the issue that will arise would be related to capacity and undue influence since it appears that your mom may not have had mental capacity to know what she was doing when the Will drafted.
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