Legal Question in Wills and Trusts in Florida
I was always on my mom's will. I am her daughter & was basically her caretaker for 30 years. She has always been generous with me financially. We had a huge argument and we stopped talking only for 4 weeks, when my brother who's never lived in Florida, jumps right in, becoming the power of attorney, (they took it away from me) accusing me of stealing from bank accounts when I had POA (lie) and my mom won't talk to me, has changed her phone# etc...I probably will be disinherited, but I am on the deed of her condo. Can I contest the Will when she dies even if im disinherited? This fight happened very recently. My mom is 90 and very controlled by my brother. Can I be removed from owning my share of the condo if she writes that in her will? I also feel, since my brother and her sneaky aide have joined forces, im afraid ill never get to see my mom again. What should I do?
2 Answers from Attorneys
Contact the Elder Abuse Hotline - tell them exactly what you suspect that your mother is being influenced and that she is being controlled by your brother. As to contesting the will, yes you may certainly do that. Your grounds for suit would be undue influence and possibly dementia - after all she is 90 years of age and is probably paranoid.
Will contests are expensive and difficult to prove. The co\urt starts with a presumption of validity. You will need independent witnesses to prove undue influence or lack of testamentary capacity.
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