Legal Question in Wills and Trusts in New Jersey
Can my aunts will be changed after she is put in a nursing home?
Can my aunts will be changed after she is put in a nursing home and is unstable according to her step children even though she told me what i would inherite before she was put there and of sane mind?
she lives in upstate new york. and how can i obtain a copy of her will before she was put in this home to know if anything has changed? i do not have power of attorney her step daughter took it after she (my aunt started being unstable as they put it.
2 Answers from Attorneys
Re: Can my aunts will be changed after she is put in a nursing home?
A will can be changed at any time as long as the person is competent; it requires a court order to declare her incompetant. In new jersey, the only time a will is admitted to probate (and therefore is a public record) is 10 days after death, therefore no copy is available as a public until death.
Re: Can my aunts will be changed after she is put in a nursing home?
The fact that your aunt is in a nursing home is not, by itself, a reason to prevent her from making a new will.
If she is competent (a question of fact) then she is free to make a new will. If you believe she is inpompetent, perhaps you or another family member should seek to have a guardian appointed for her.
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