Legal Question in Wills and Trusts in Ohio
I am one of three siblings. I am the only girl. A trust and will was set up by my father for the three of us. My brothers did not want me to have anything and tried to get dad to change the trust. After my dad was medically diagnosed with Alzheimer's, my brothers took him back to a lawyer and had the trust changed. Dad was diagnosed by a specialist and was being treated before this. My question is, Was that legal? It seems to me he would not be in sound mind as it states. What are my chances of winning a law suit for some compensation? My father has since died.
1 Answer from Attorneys
It is difficult to say what your chances of winning are without investigating more into your case. While your father had been diagnosed with Alzheimer's, if he had lucid moments, he may have had the capacity to execute a new will or trust. That is where other facts and circumstances must be considered. You should find an experienced probate attorney who handles trust/will contests to consult with you and evaluate your case. It sounds like you may have a case worth looking into due to your father's diagnosis and your brother's actions but no one can answer your question without further information and investigation. It is an answer for the probate court to decide. Good luck!
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