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competency to write a will

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An only child

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Illinois

I am involved in probate court regarding the estates of both of my parent's. I just found out that the will we are acting on was written 4 years after my mother was diagnosed with alzheimer's. She had a Folstein mini mental state exam in '98 of 15/30. The will was written in '99 by my current attorney. I believe another will is missing because when I entered the home, files were missing including banking documentation, wills, tax returns and a large (104,000) CD. Dad would not have known to pull this material.

My parent's case is convoluted because in addition to Mother having early stage dementia, Dad had a life-long mental health disability for which he received a pension. In the last couple years of his life, he wrote multiple wills which conflicted with Mom's. Obviously he was angry. He didn't understand joint tenancy or power of attorney. There are missing funds.

His estate was only estimated at 10,000 yet has been in probate over two years. The financial guardian, a Bank & Trust , paid all of Dad's estate expenses from Mom's guardianship funds and did not claim the spousal allowance. The attorney's are still billing on this estate yet there are no funds for funeral or medical expense of Dad's. He saved ketchup packets to pay for attorney billings.
 


Dandy Don

Senior Member
So who do you suspect entered the home to get the missing documents? The attorney who drafted the will?

Whose name was the CD in and is there a designated beneficiary for that?

Is your mother's will being contested by anyone?

You did not ask a question about what you want to get resolved or what you are trying to achieve.

DANDY DON IN OKLAHOMA ([email protected])
 

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