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My mother changed her will to the detriment of three (of four) of her children while she was under the care of hospice and literally on her death bed in her living room. She had been "in and out of it" for the previous two weeks (sleeping alot and saying things "off the wall") because of the morphine and Atavan that kept her comfortable. At the time she signed the new will she happened to be "with it" for the 15 minutes it took to sign the new will. Do we have any recourse?
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Adoptions Attorney serving Flint, MI
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The Law Offices of Monica Wilson, PLLC
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Yes, you do have recourse. In order to Probate the new will, the nominated PR would need to file a petition with the Probate Court in the County where your mother lived. As an heir of your mother, you would need to be served with the documents from the Court by who ever filed them.
Once you receive the papers, you need to file an objection with the Court in order to challenge that new will. If you do nothing, the new will stands and property is distributed pursuant to that will.
Answered on Jan 23rd, 2016 at 6:53 PM
Administrative Law Attorney serving Ann Arbor, MI
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David J. Hutchinson
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If she was really "with it" and not unfairly pushed or convinced to do it by others, then it should be all right. If you are not convinced she was "with it" or you believe she was unfairly pushed into it, you may have a case. Take all of the facts to a good lawyer. Good Luck.
Answered on Jan 20th, 2016 at 2:16 PM