My parents helped my grandmother and her husband purchase a home in 2000. She just passed away from dementia

Question

My parents gave my grandmother and her husband over $7000 to help purchase the home they live in since 2000. She has passed and we found out that he had her sign a will leaving all assets and insurance to him while sick with dementia. My parents had to provide tracable checks from their employers at the time so we know that the banks will have copies of the transactions. What can we do to get their money back. My grandmother gave her word that my parents should see it as an investment as they would inherit and split their inheritance with 6 siblings. He took all of her valuables, he sexually abused her in her sickened state and everyone was left with nothing. To visit her in her deathbed they could only come to their front door. She died starved and unable to move. What do we do?

Julie King · Answer

You definitely need to bring a claim in Probate Court. If you don’t know how to do that, see a lawyer as soon as you can. Any document signed under severe pressure (legally called “duress”) can be challenged and, if successful, will invalidate the Will. Also, if your grandmother had lost her mental capacity to the point where she did not understand what she was signing, the Will can also get tossed out by a judge. So, getting the Will invalidated will be step one. Step two will be showing your grandmother’s husband engaged in elder abuse, which is a legal term, and should not inherit any of her assets. Third, if your family wants to be reimbursed for the loan, you’d have to show the payment was a loan, not a gift. Be that as it may, if you are able to invalidate the Will and exclude her abusive husband, then your grandmother’s children would inherit all of her assets. Best wishes!

Q: My parents helped my grandmother and her husband purchase a home in 2000. She just passed away from dementia