Legal Question in Wills and Trusts in Ohio
POA, Executor - We suspected both Mom and Dad had Alzheimer's. Recent fraudulant Estate planners got Mom and Dad to sign Wills and Trusts in May. Bank notified parents long time CPA who was able to step in as POA (Financial and Heath Care). CPA hired an atty to get parents money back and have the new Will thrown out. At the same time, Eldest brother (whom I was told by him was M&D's Exec of Estate) had emotional breakdown when M&D were upset that he took thier car keys and stranded them without consideration of alternate means to get to grocery, Dr visits,etc... They asked him to leave thier house and not to come back. Both M&D were furious with him (he has a lifetime of making bad decisions). M&D asked the CPA, (whom currently held both POA HC and Fin) that my Brother be cut out of their Will. This was a bad idea, all agreed, however, when their Old Will was re-filed, the current HC and FIN POA suggested the youngest daughter be assigned as Health Care POA and Exec of thier Estate, CPA remains Fin POA for their financial affairs (which are very complex). Two months later, both parents have been diagnosed with Alzheimers. Brother and Middle Sister are upset that they don't have control of some of the decisions and are suggesting that M&D were not competent to be able to make these changes 2 months prior. They are trying to put my Brother back in charge. Both older siblings have been financed by my parents for most of their adult lives, and in my opinion are not acting in the best interest of my parents. Do they have any legal ground to overturn documents in place 2 months ago? (Put in place by M&D's lifelong Atty who also worked with them in putting the original in place years ago) If yes, which POA and Will are in effect, or would a new one need to be filed? Neither have been declared incompetent even though the diagnosis is Alzheimers.
1 Answer from Attorneys
I am sorry about your situation. There are a lot of facts that I would need to know before I could fully advise you.
Feel free to contact me at [email protected] or at 330-447-7634.
I look forward to hearing from you.