QUESTION

How can I find out what condition my dying mother was in when she signed a new will.

Asked on Sep 26th, 2019 on Estate Planning - Texas
More details to this question:
My mother had a will in place since 2006, in this will nothing was left to any of her children. My sister took over caring for our mother for a few months till she entered hospice. My mother died Jan. 25, 2019 of colon cancer I was told by my neighbor. My sister had our mother sign a new will leaving everything to her 16 days before she passed. My sister never has till this day has not informed me or our brother of her passing, her condition when she signed the new will, what's in the new will etc. Anything I have learned has been through my neighbor. I am sure there was undue influence. There was no reason to change the original will. My mother had left everything to her friend in California of 60 years. All of a sudden everything was left to my sister in the new will. I want to know my mothers mental condition 16 days before she passed when my sister had her sign the new will. How can I find this out?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Once a Will has been submitted for probate, it becomes a public document and can be read by anyone on the website of or requested from the local probate clerk.  You may think that your mother had no reason to leave things to someone who took care of her when you did not but she may have thought differently.  Since someone can make a Will in a "lucid moment" and a Will must be notarized with two witnesses, it would be very difficult to prove that she did not make the Will of her own accord, whatever her general condition.  In addition, undue influence must be so great as to overpower a person's normal wishes and desires.  While it is easy to imagine that someone was influenced by the care they received in their dying days, it is not so easy to imagine that a Will gifting the person who provided that care was obtained through undue influence.
Answered on Sep 27th, 2019 at 5:14 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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