Legal Question in Wills and Trusts in Arizona
Change of Will While Mother has Alzheimer's
Mother passed away within the last year. There are four daughters that, in her original will, were all to get an equal portion of the estate. One of the daughters had mom change her will after she was diagnosed with Alzheimer's, leaving everything to her. The other three daughters are looking to challenge the will, how it was changed, etc. They understand that this is could be a costly endeavor, and yet feel that they cannot let this behavior go uncontested. They believe that they have strong documentation to support the fact that the will was changed after Alzheimer's was diagnosed, and that mother was con-ed into changing the will. Their main concern is that there could be some sort of criminal charges brought against their sister if they press forward on this, and are concerned with balancing what is right vs. criminal punishment upon their sister.
3 Answers from Attorneys
Re: Change of Will While Mother has Alzheimer's
Financial exploitation of the elderly may cause both civil and criminal action to be taken. If civil action is pursued in probate court, that does not by itself cause criminal action to be taken against the one daughter. You should petition the probate court for probate of the old Will and for appointment as personal representative of the estate, and that will put in question which Will is the legal one to be administered with the court's supervision. You are not required to make a criminal complaint or even to raise the issue of exploitation.
Re: Change of Will While Mother has Alzheimer's
It's impossible to say whether the daughter's conduct was criminal without knowing all the facts. The three other daughters should see an attorney to help them figure this out.
Re: Change of Will While Mother has Alzheimer's
Tko set aside a will you must show that the person did not understand the nature and quality of the act when the will was signed and lacked testamentary capacity. Some people with a diagnosis of dementia or Alzheimer's may still have testamentary capacity at the precise moment they executed the will. Was it done in a law office?
A will can also be set aside if it was done under duress or undue influence, such as exploitation of a vulnerable adult. You have the burden of proving this. See an estate attorney to further inquire into this matter.
Best regards,
James D. Jenkins
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