Legal Question in Wills and Trusts in Ohio
my mothers will
my mother is 79 she has dementia.my husband is her only child.she called him over and told him he was not in her will.is there anything he can do to contest the will...she has and executrix her niece... would he still be entitled to her estate and monies...she left everything to her great-grandaughter we think... how can we contest the will since we are the ones trying to care for her now
3 Answers from Attorneys
Re: my mothers will
Since your mother (or mother in law) is still alive, you cannot contest her will. That is an action that is done through probate court after a person has died. Some other information is needed before I can accurately answer your questions. When did she execute her will? Was she competent? Do you have any medical information evidence to back this? Does anyone have power of attorney over her and/or her estate?
Unfortunately since she has dementia she may not be able to sign any legally binding document at this point, unless it has been determined by her medical providers that she is compentent enough. If she does not have a power of attorney, you may need to establish a guardianship over her person and estate to protect and care for her.
Re: my mothers will
At this point, ask to see the will to see if this is true. Her doctor may be able to prepare a statement of her mental condition. This question involves a complex answer. I suggest seeking legal advice.
Re: my mothers will
First, I would need to know if there is a will. Second, that is an excellent question which would require looking at some case law. You may call or e-mail if you wish for a free initial consultation.