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One sibling brought my 84-year-old father Who has dementia and Alzheimer's And who is not of sound mind to an attorney to create a will, without informing the other siblings, my father did not want to get out of the car And the will was never created. My questions Would this will if created would have held up in a court of law and is it legal? What can I do at this point to cease and desist her from trying this again?
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To show that your father does not have legal capacity to make a Will, have him examined by a neurologist or other physician who completes a Physician's Certificate of Medical Examination or equivalent NYS document. Note that some people in the early stages do have capacity to create a Will: a statement that someone suffers from dementia or Alzheimer's is insufficient. Note also that your father is under no obligation to tell any or all of his children what he is doing.
Answered on Apr 17th, 2020 at 5:20 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.