Desoto, TX asked in Estate Planning for Texas

Q: I have 86 year old mom that has now been diagnosed with dementia. I am her POA of her medical, financial accounts.

The POA is notarized and filed. However, due to the pandemic her will has not been notarized nor filed. Now mother is not able to make any decisions. What can I do to allow her unsigned Will to be upheld in what she wants done after her death? Mother would like for her house to be sold and monies to be split between 5 of her 6 children, a niece and one grandson. The grandson would be receiving his father part of the money and he (mom's son) would not be receiving any.

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1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh

A: It is important the you immediately contact an estate planning attorney to discuss your mother's situation. You can bring the unsigned will to the meeting and the attorney can advise whether or not it has any validity. Additionally, the attorney might be able to provide you some guidance whether or not you Mom is currently able to execute a will at this time. Good luck.

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