Is it a criminal act to assist a mentally ill person to draft and sign a will?

My brother, an M.D. retired, drafted and assisted my 87 year old father in signing his first and only will just 10 days before his death. The will changes the desposition of approximately one million dollars worth of real estate from others to the M.D. son and his children.

The M.D. son had been dis-inherated at age 18 by his father now the 87 year old. 87 year old father and M.D. son had disliked each other ALL THEIR LIVES.

My 87 year old father had been on Aricept (dementia, organic brain syndrom medication) and two forms of Prozac for almost a year and was beeing treated for organic brain desease associataed with Alzheimer's disease. The father had also had a heart attack and had suffered a broken neck all within the previous 6 years.

The father's wife of 61 years had died on Nov. 7th, 2001 and the will was signed on Decenber 7th, 2001. 87 year old father died on December 17th, 2001.

The M.D. son had been appointed by the Court to be my father's guardian two months before the will was signed.

The M.D. son took the 87 year old father out of his resident nursing home on Nov. 25-27 and took him snow mobiling each of 3 days in a row at 9,000 feet in temperatures near 0 degrees for several hours each of the three days.

My 87 year old father became ill with pneumonia within a week of the snow mobile trips, was treated by the M.D. son in the nursing home for one week, signed the will in the presence of the M.D. son and 2 wittnesses only and was admited to the local hospital where he died of pneumonia 10 days after being admited.

Three weeks had passed from the time of the snow mobile trips to the time of the father's death of pneumonia.

Knowledge of the will's existence surfaced at the father's funeral.

The M.D. son is attempting to become the personal representative of the deceased father and to be appointed the administrator of the will.

QUESTIONS???

1. Did the M.D. son act in any criminal way when he drafted and assisted the father with the will considering the M.D. son's knowledge that the father was "not of sound mind" and was being treated for organic brain desease associated with Alzheimer's disease?

Further knowledge of the father's incompetency was demonistrated by the M.D. son's asking to be and being appointed, by the court, guardian for the father 2 months before the will was signed?

Keep in mind that the will favored the M.D. son and his children by almost ONE MILLION DOLLARS.

2. Is number one above a civil mater rather than a criminal matter?

3. Is the M.D. son liable CRIMINALLY for the death of the father because of the snow mobile trips that the M.D. son took him on three weeks before his death?

4. Does #3 above warrant a mal practice suit against the M.D. son in a CIVIL action?

5. Should I ( only two sons no daughters born in the father's marrage) be seeking a criminal investigation in this matter against my M.D. brother?

6. Was this an assisted death/mercy killing performed by M.D. son?

Thank you for your comments--please reply to: [email]adinsaid@hotmail.com[/email]

[HomeGuru]

I only read the tile of your post. My response is yes, if the person that signed the will did it under duress, was coerced, tricked, mislead and signing the will was not his/her free act and deed and actual intentions. Furthermore, it would not look good if the person or relatives of the person assiting the will writer became the beneficiaries.