Legal Question in Wills and Trusts in Kentucky
Contesting a codicil
I was named executor for 23 years on my parents will. My mother was hospitalized and then released and then my father was in intensive care and then we had to hospitalize my mother again. She had surgery on the morning my father died 2/1/03 and my mother was then in intensive care on a respirator and heavily medicated. My brother had her sign a Power of attorney while on the respirator and then they had her sign a codicil to change the executor to him. My mother never had mental copacity after the surgeryand then she died 3/23/03. How can the POA or codicil be valid??????
1 Answer from Attorneys
Re: Contesting a codicil
First, let me express my sympathy for the loss of both
of your parents. Regarding your legal question, the main
issue here is one of proof. Are there medical records
available which would verify your statement that your mother
lacked mental capacity at the time of signing these documents?
I assume that there are provisions in the codicil which favor
your brother, and that you wish to challenge these changes.
How far along is the Probate Court proceeding? Were there
any actions taken by your brother under the POA before the
death of your mother which benefitted him? If this is a matter
of hurt feelings, it may not be worth the financial burden of
taking action. However, if there are financial exploitation
issues, these might be worth pursuing.
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