Legal Question in Wills and Trusts in Texas
Contractural Will
Step-father, age 65, recently coerced mother, age 88, with dementia (maybe Alzheimers) to sign a contractural will leaving everything to him including gas wells, real estate, antiques and cash. Also coerced her to sell a farm that had been in the family for 80 years. Now he has moved her to Florida in the middle of the night. Can this will be overturned and can we regain custody of mother who is confused and wants ''to go home''? It was written by small-town lawyer with support of small-town doctor affidavit.
1 Answer from Attorneys
Re: Contractural Will
The will may be overturned, but not easily. You would have to prove that either she did not have the mental capacity to make the will, or that she was forced to make that will against her wishes.
As to gaining custody, you'd need to move for a guardianship in Florida where is presently being kept.
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