Legal competency to amend a will

My mother and father prepared a will several years ago stating that their assets would first go to each other if one of them died and then that their assets would be split equally between their surviving children. I am the executor.

Since then my father has died and my mother has developed dementia (she has not been diagnosed, but if she were to be seen by a doctor he would almost certainly diagnose her with severe dementia and probably Alzheimer's). She recently announced that she intended to change her will to the effect that her house (her primary asset) would be granted solely to my uncle, who is unemployed and has lived with her for the past twenty-five years, so that he can continue to live in it after she dies.

It is clear to us that he has influenced her in a state of mental vulnerability to change the will from what was originally intended when she and my father had their full mental faculties, to his own benefit.

As yet, no changes have been made. Our goal is to make sure she is cared for and to insure that the intentions that she and my father had when they had their full mental faculties are fulfilled. My question is whether or not a will prepared when someone is incompetent can be upheld, whether or not incompetency can be confirmed after the second will is prepared and what bearing that would have, and what the process and the ramifications of having someone declared legally incompetent are.

Thanks.

This article may be of some assistance: Effect of Undue Influence on the Validity of a Will

I understand your intentions. But your fathers wishes are irrelevant in this consideration since he has, sadly, already passed and what HE wanted was for the things to go to your wife. This means it was up to her what she did with them after that time.

Stating your mother is "most certainly" demented will not assist you at all. It is imperative she been seen and diagnosed as such so any challenge to any changes she may make is supported by a doctors diagnosis.

Your being the executor of the estate isn't really relevant because she is still alive----it confers upon you no special legal authority at this time. However power of attorney would do so. I would get my ducks in a row quickly. Have her declared incompetent, head to court, be appointed POA and proceed from there.

Good luck.