Legal Question in Wills and Trusts in Maine

Estate Wills

My brother took my father to his own attoryney to draw up a Life Estate Will. My father was/is in Althezimer condition. I can not get medical records on my father till he is dead. He is in VA hospital, Althezimer section. Attorneys tell me, ''your father has the right to leave his money to whom he wants.'' And that it would cost a great deal to prove my brother was not caregiver since I am out of state. Do you feel this is correct? I filed a complaint with the Maine Bar, the Bar stated that my brother's attorney was not guilty of conflict of interest. Is this correct? Will the Bar's statement be the last word?


Asked on 9/23/08, 5:00 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Estate Wills

I understand your frustration about being out of State and the disadvantage this puts you under. It is important to be sure that the Will is executed properly. The obvious concern is that your father no longer is competent. That fact can be partially born out by Dr. records, but the most important factor a Court will consider if the Will is challenged is what the witnesses and the lawyer have for documentation at the time of the Will signing to show his competency. Was it videotaped? did they ask him questions about his estate, his memory, test his knowledge of his family?

It is not a conflict of interest for your brother's atty to draft the Will, provided it is done with the appropriate safeguards as noted to be sure it is really your father's intent.

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Answered on 9/23/08, 5:44 pm


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