Legal Question in Wills and Trusts in Texas
Brother wants to change Mother's will
My Mother is bed ridden, and is being taken care of by my brother, and my sister and I help when we can. He wants to change her will to put the farm in his name only. She is for this , but she has dementia. We want to know if he can do this. Thank You, Ann
Asked on 8/04/02, 10:29 pm
1 Answer from Attorneys
Laura D. Heard
Law Office of Laura D. Heard
Re: Brother wants to change Mother's will
Your mother has a right in Texas to leave the farm by will to whomever she wishes as long as she has testamentary capacity. Testamentary capacity requires that at the moment she signs the will that she understands generally the nature of her property, who her family members are, and the purpose of signing a will, and that she is free of duress or undue influence.
Answered on 8/08/02, 10:14 pm