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My brother had my mother change her will/Trust in 2014 and this past Saturday after my mother's funeral he presents us with a copy of changes to my mother's will and trust leaving everything to him. My mother had equally divided all her estate among the three of us. In 2006 my mother was diagnosed with Alzheimers which got progressively worse. By 2014, she did not recognize anyone including her children so when she signed the changes, we do not believe she was capable of making a rational decision. Is this a good case for contesting the changes to the will and trust.
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Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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Yes, issues of whether your mother had the capacity to sign a will and trust, as well as whether your brother unduly influenced your mother to change her will and trust, are valid causes to challenge the validity of the will and trust. You can bring the documents to an attorney to review and advise you of your next steps.
Answered on Apr 11th, 2018 at 9:49 AM