Legal Question in Wills and Trusts in Texas
Wills
My Father owned commercial property, however, he died in 1993. It was given to my Mother in the will, and in the event of her death, it will be divided amonst their 8 children. My Mother died Feb 15, 2008. We found out that one of our Brother's had my Mother grant him the propery July 18th, 2006. My Mother was diagnosed with Alzheimer and Dementia early 2006. He had her sign a new will and grant to the deed July 18th, 2006, after she was diagnosed with this disease. Is this legal?
2 Answers from Attorneys
Re: Wills
It would not be legal if she did not have legal testamentary capacity at the time she signed the will. You will have to prove that she did not have capacity. Just because she was diagnosed with Alzeiher's in early 2006 is not proof by itself. If this is important to you, better get a lawyer and be prepared to spend $$$. Good Luck.
Re: Wills
You need a good probate attorney to review all of this, but if you father left the property to your mother, it was hers to do with as she wished so long as she had the capacity to do so. Yours would not be the first family to discover that Mom has different ideas of who gets what than Dad did.
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