Legal Question in Wills and Trusts in Kentucky
Validity of will drafted by woman with Alzheimer's
My mother wrote her will several years ago. She divided her estate equally between her 3 children. She was lucid and in full control of her facalties. Since that time she has gone down hill rapidly. She now has episodes and exhibits erratic behavior etc. and my brother claims that she has Alzheimer's. He made that claim 18 months ago but he talked her into changing her will, giving him 76%, my sister 24% and me $2,000. My mother has no recollection of the new will and still claims that she wants everything divided equally.
What do we do? What can we do?
2 Answers from Attorneys
Re: Validity of will drafted by woman with Alzheimer's
Get a written statement from her doctor certifying her condition at the time of making the new will. If at her death your brother attempts to probate the new will it can be contested on her lack of capacity and probably also on undue influence, by him.
Re: Validity of will drafted by woman with Alzheimer's
While I concur with the prior reply, suggesting that you get a written statement from her doctor certifying her condition at the time of making the new will, I believe further action may be necessary. You should explore whether to obtain guardianship over your mother to minimize the possibility of exploitation by your other family members or other people. A referral to the local Adult Protective Services office may also be in order. Bryan LeSieur
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