Q: My dad changed his will the day before he died and I don’t believe he was in his right mind to do so. what can I do?
He suffered a couple strokes a few months prior and found at that time that he had terminal lung cancer. After his strokes he kept saying things like he was now 20 volt like a battery over and over and didn’t know who his children were. The day before he changed his will he sat quietly eating a whole box of muffins which was not something he ever did. He was also taking some kind of cancer medication that made him deteriorate very fast. My sister and I found out he had cancer 3 days before he died. His original will stated that me and my sister would receive a lump sum of money each and I never saw the will so I don’t know what else but the new one cut us out completely and gave everything to his new wife who he had not been with for more than a few years. The new wife stopped talking to any of us and so did her family as soon as my dad died and. I think if something wasn’t wrong with the way things happened before he died then they would be different towards us.
A: Is the Will filed for Probate? If not, then it means nothing, and the Decedent's heirs and next of kin take his assets. If the new Will is filed, start putting together witnesses to his incompetency, especially MDs. Then hire a attorney to contest the Will. But be advised a surviving spouse will have many rights irrespective of whether her favorable Will is upheld or not.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
