Legal Question in Wills and Trusts in Florida

Uncle with Alzheimer's changes will

My Uncle has no children. His 3rd wife is provided for separately. His original will left 50% to our mother(his only sibling) and 50% to his wife. Our mother and father are now deceased . They had 5 children. Four of these five neices/nephews live in CT and one nephew lives an hour away from Uncle in FL. This nephew currently is paid 2K/month to handle Uncle's affairs. In 2006 he convinced our uncle to change his will, making him the sole heir of an estate worth approximately 1 million. Uncle is incompetent, suffering from Alzheimers. Do we have any legal recourse to stop my brother from spending the money in my Uncle's accounts (he has POA) and to disburse the estate to all neices/nephews when Uncle dies? I am the alternate executor, and was asked to be this when my Uncle was competent in 2000. At that time he wanted me to be sure his estate was handled fairly.


Asked on 1/11/08, 9:53 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Uncle with Alzheimer's changes will

If you can prove (medical proof) he was not competent when signing and currently needs a guardian, you can petition the court, and then contest the will.

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Answered on 1/11/08, 10:36 pm


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