Legal Question in Wills and Trusts in Missouri
wills
my dad had lung cancer and it had mestastized thru his body. HE couldn't speak or write when i finally made it out to him in oklahoma two days before he passed. A lady who had power of attorney over him had him sign a will 3 days before he had passed. should I contest the will on the grounds he couldn't speak or write by the time igot there ?
2 Answers from Attorneys
Re: wills
It seems like you have some facts to suggest that the Will was either the product of Undue Influence or he lacked competency. However, a Will is very difficult to overturn, so you would need more to contest it. Who is the Personal Representative? What do his medical records show about his state of consiousness? Who were the actual witnesses to the Will? Did this Will leave his belongings in an odd way that disfavored his family?
If the Will leaves everything to this POA person then you have good reason to keep investigating for a possible Will contest.
Re: wills
You have some facts there that seem to call into question whether your father understood what was occurring and could communicate his wishes. He may have had capacity to execute his will, but an inability to communicate, which is a rather novel approach to Will Contests in Missouri. However, if you call into question his ability to communicate his wishes, you are halfway to getting the Will called into question. Please keep in mind that you have a limited time in which to contest the will. You should have someone investigate this for you as soon as you can.
Good Luck