Legal Question in Wills and Trusts in Florida
My father died in Oct. of 2010 in Florida. My step-mother never notified my sister and I of his death. We discovered that she had his will changed to exclude us. This was done when he had a diagnosis of Parkinson's Disease with onset of Alzheimer's Disease. Previous to the recent change in his will (when he did not have the Alzheimer Diagnosis) my father mentioned to me that I was in his will. Before my father passed away my sister went to see him and wasn't allowed due to my step-mother screaming at her that she wasn't going to let her see my father. My sister recorded this as proof. My step mother also sent my father to a nursing home without letting us know and left orders that my sister and I were not allowed to visit him. My question is there any way we can contest the will seeing that she had him change the will while not of sane mind?
4 Answers from Attorneys
You need to consult with an attorney with all facts not just those you shared in this summary.
Very hard to contest a will with the facts presented.
You would need written statements from Doctors that he was not competent
to sign a legal document.
Do you have a copy of the previous will or know who the attorney was that prepared it. Does not have to be a part of the hearing but would be a little more proof for your case. Otherwise if you prove that your father was suffering from mental disease at the time the other will was presented then it will be determined that he died intestate (without a will) and you will be entitled to one-half of his estate
Need to prove undue influence or incompetence. Not easy. You will need both medical proof and witnesses to confirm.
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Who can request to see a will before someone has died. Asked 1/24/14, 12:42 pm in United States Florida Probate, Trusts, Wills & Estates
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