QUESTION
My father lived in Florida and died in 2019. I got a copy of the Will in 2020 . I was not named a beneficiary it was probated and I was not informed
Asked on Dec 09th, 2020 on Estate Planning - North Carolina
More details to this question:
My father died in 2019. I was not informed of his dying until 3 weeks before. I was not told he changed his will in 2018 and I was not named as a beneficiary. It was probated in 2019 and the church executor did not tell me which was my brother in the changed will. In fact while taking care of my dad the last 3 weeks my brother called the attorney over it and told them I was in town. Everything was hidden from me and I was to inheret 500k which is half indicated in his first will. My dad had medical documented dementia and did not recognize me at the time. Is there anything I can do?
1 ANSWER
2 Awards
Merely being diagnosed with dementia does not mean that someone does not have a lucid moment in which they can make a Will. As you know, dementia is progressive.
After someone has died, it is difficult to determine whether they were, on a certain date, so advanced in their dementia that they no longer had legal capacity to make a Will. This is true even for someone under guardianship.
Similarly, undue influence is difficult to prove.
If you would like to contest the Will (which you should have done in 2019 if ever), please discuss the matter with a lawyer who practices fiduciary litigation in the county in which your father died.
Answered on Dec 10th, 2020 at 5:13 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.