QUESTION
In 2005, my siblings removed my name as executor of our mother''s will without my knoweldge and after she had been diagnosed with dementia.
Asked on Sep 11th, 2011 on Wills and Probate - Washington
More details to this question:
She has since said that she was confused at the time about the roles of power of attorney,health proxy and executor, and that she thought all three had to be local. (I live in NYS,she in Washington State.) When she named me executor on her first will, she had no dementia,nor was she diagnosed mentally incapacitated in any other way. At the time, I still lived in NYS. Shouldn''t they have included me in 2nd will discussions before they removed my name? Since then, my siblings have tried to obliterate me from any and all records related to family and my mother and prevented me from getting information about her health and welfare. She no longer recalls the lawyer''s name. I would like to re-instate my name as executor and have them give a regular account of my mother''s financial and health condition. Do I have any recourse? By the way, I am in the process of relocating back to Washington State, so this might be a Washington State law question.
1 ANSWER
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This is a question that falls under Washington state's jurisdiction (authority). Generally you do have recourse from being removed as executor without your knowledge, but it is very likely to be expensive.If your mother's Will was amended at a time when she was diagnosed with dementia, you need to hire an attorney to file a case to invalidate the codicil (also known as the amendment). In that action the original Will is essentially reinstated.
Your attorney will have to be able to prove in Court that your mother had been diagnosed with dementia before the date the codicil was executed.Look for an attorney from the state of Washington who has experience with challenging (sometimes called "contesting") a Will. Interview those who practice Estate Litigation and hire the best lawyer you can afford.To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison
Answered on Sep 16th, 2011 at 4:39 PM