Asked in Probate for Alaska

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.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Knoxville, TN

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.

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