Legal Question in Wills and Trusts in Alabama

My mother too had colon cancer, so I am sorry to hear that. The issue you have is whether your mother is still competent to make a will, that is, does she have "Testamentary Capacity". Generally, to make a will, you have to have Testamentary Capacity, that is, you have to be able to recollect your property (know what your property is), know the natural objects of your bounty, (that is, people have a normal inclination to a spouse, children, and must understand it is unusual not to), understand the business about which they are engaged, (that it is a will, that it is revocable, that it controls disposition of their property or estate at their death, etc., and that they can devise a plan of distribution, (who they want to give what to). Generally, If she can meet these standards, she can write a new will and revoke an old will. Of course, anyone who has standing, can always challenge a will in a will contest, but alleging someone lacked capacity is not an easy case to make. Understand this is a general answer to your question, is not intended to be specific legal advice to your case, and is not intended to create an attorney/client relationship. Call me at (205) 991-5600, as we probate estates throughout Alabama. Dean.