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Old 03-06-2009, 12:45 PM   #1 (permalink)
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Can a will be contested prior to death?

My mother has demensia and is not doing well. She is on Hospice. I was reading through her will, and there is a sum of money to be left to each of my 3 children. 1 of those children has embezzled money from her in the past, and has been convicted of identity theft (her identity) and elder abuse. (She is currently on probation for these crimes.) I knowthat my mother does not want this daughter to receive any funds from her estate. She is not in a mental state to make that known, however, my husband and I know this is what she would want. How can we stop our daughter from receiving money from the estate?
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Old 03-06-2009, 05:19 PM   #2 (permalink)
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Quote:
Originally Posted by laura7777 View Post
My mother has demensia and is not doing well. She is on Hospice. I was reading through her will, and there is a sum of money to be left to each of my 3 children. 1 of those children has embezzled money from her in the past, and has been convicted of identity theft (her identity) and elder abuse. (She is currently on probation for these crimes.) I knowthat my mother does not want this daughter to receive any funds from her estate. She is not in a mental state to make that known, however, my husband and I know this is what she would want. How can we stop our daughter from receiving money from the estate?
Has she been declared incompetent? If she didn't want your daughter to receive this money, why did she not change her will while she was in a mental state able to do so?

If she has been declared incompetent, and you have been appointed her power of attorney, you may be able to act in her stead and have the will changed. You cannot contest the will since it isn't being probated, but you can, with power of attorney, act on her behalf to change it before she passes.

Good luck.
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To ERR is human.
To FORGIVE is divine.
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Old 03-06-2009, 06:04 PM   #3 (permalink)
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Has she been declared incompetent? If she didn't want your daughter to receive this money, why did she not change her will while she was in a mental state able to do so?

If she has been declared incompetent, and you have been appointed her power of attorney, you may be able to act in her stead and have the will changed. You cannot contest the will since it isn't being probated, but you can, with power of attorney, act on her behalf to change it before she passes.

Good luck.
Thank you so much. She just never got around to changing her will. I will call an attorney on Monday.
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