Legal Question in Wills and Trusts in Florida
David, My mother is showing distinct signs of memory loss, she does not remember what state she is in, does not know the days of the week, specifically what day it is when you are speaking to her, if my sister or bother tell her to do something, that is exactly what she does. This is a woman who graduated high school two years early, because she was ahead of her class. Now they want her to write a new will, changing the executor of the estate. She named me executor 4 years ago, when she was totally competent.
2 Answers from Attorneys
Have her doctor examine her to verify her incapacity.
You need to file for an emergency petition of guardianship over your mother and do it soon as your siblings are waiting with baited breath to inherit her assets. Once you file, a committee appointed by the court will come out and evaluate her. You will get a hearing and then you need to file the petition for guardianship allowing you to handle her affairs, designate where she may live, etc.
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