Legal Question in Family Law in Texas

Power of Attorney and Family Will Question

My brother is Power of Attorney over my mother who has had Alzheimer's disease for the past 6-7 years. We all trusted him to take care of her finances. Her Will said that everything was to be split equally among the 5 children. I just recently was informed from my sister that my brother and her went to the lawyer and changed her Will to say that he gets everything and all the other children only get 10,000 (there is over 400k in assets), and he is to get ALL of the rest himself. She said that she thought he deserved it because he has lived there his whole life and has ''taken care of her''. I am wanting to know if it is even worth getting a lawyer over or if it's a lost cause because he is Power of Attorney over her. My sister is saying that my mother was there and signed the paperwork and said she knew what was going on, (she also thinks she is still 23). I am just so upset over this matter and looking for any advice. She always wanted everything to be equal between all the children. I think they are maybe trying to split the money between them, and she is telling me that there is no use fighting it because all the money is prob. already gone. Thank you for any advice.


Asked on 5/13/08, 10:43 pm

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Power of Attorney and Family Will Question

Depending on the severity of your mother's condition, she may not have had the capacity to change her will. You need to find a good attorney who handles estates and guardianships to discuss this with.

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Answered on 5/14/08, 8:18 pm


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