Legal Question in Wills and Trusts in Texas

Will and Probate

Let me tell first a little about what is going on this way it may help in the answer I am seeking: My mother got breast cancer in 1999. In 2003 she moved in with my husband and myself and has lived in our home up until three weeks ago. At that time she moved in with my cousin and aunt in their home because she was needing 24 hours a day care and me and my husband both work around 50 hours a week so we were unable to provide it for and there is always someone at her home. My mother is a divorced woman and it is myself and my brother. Since my mothers divorce in 2003 me and my brother have always been her bebeficiaries for her 401k, profit sharing, and life insurance. Since my mother has moved in with my cousin she has changed this and made my cousin and two of my aunts her beneficiary. So my question is: Is there anyway that me and my brother can dispute these changes?


Asked on 12/04/08, 10:08 am

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Will and Probate

You haven't said anything about your mother's state of mind. If she is mentally competent, then there is probably little or nothing you can do. It's her money and her decision. On the other hand if part of the reason she needs 24 hours care is her mental state, then you might have grounds to contest the changes. You need to talk with an attorney who handles elder law issues (guardianships, estates, etc.) and provide him or her all of the details of the situation.

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Answered on 12/05/08, 11:17 am


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