Legal Question in Wills and Trusts in Florida
My fater is dying. He has a new wife of just over a year and he is mentally disabled form the government. He has signed over everything in his estate to this new wife. He is on alot of differant pyshic drugs and pain meds. Is there a way I can challange this will?
Asked on 5/19/10, 4:53 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
A will contest is a difficult proceeding. His wife will start with a presumption of entitlement. You will need medical proof as well as testimony from witnesses who knew him to prove his lack of testamentary capacity.
Answered on 5/24/10, 5:02 pm
Lucreita Becude
Lucreita D. Becude, P.A.
If your father has not passed away, perhaps you could report her to elder abuse. They will investigate the care and treatment that he is getting and with that in mind, you could express the harm the investigative team as to your concerns.
Answered on 5/28/10, 8:52 am