Legal Question in Wills and Trusts in Alabama
I am estranged from my family. My mother, who suffers from dementia, is in hospice care, and my sister has not permitted me to see a copy of my mother's will. I don't even know if my mother even has a will. Now my sister tells me that I have to sign for my mother to be cremated when she dies. I don't know if this is what my mother wants, and I refuse to sign anything until I see a will stating specifically that my mother wants to be creamted.
How do I get a copy of my mother's will?
1 Answer from Attorneys
If your mother is demented you can't simply ask her. You can refuse to sign a consent to have your mother cremated. Does your sister have your mother's power of attorney? If your mother has a will, it typically will not include funeral instructions. You have no legal right to demand to see her will before her death. If there is no power of attorney, you can go to Probate Court to have her declared mentally incompetent and attempt to be appointed her conservator and guardian.
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