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undue influence & mental comp.

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czb

Junior Member
What is the name of your state? Louisiana
Hello, I hope you can help. My father died a year ago. The day before his surgery, he wrote out an holographic will, leaving my stepmonster everything, his words, everything. It was signed and dated. It was only one sentence. This was on a Sunday. The following Monday he had surgery, on his back, later on that day he has a stroke that affected his brainstem. He never spoke or moved again. About 10 days later he had a massive heart attack which closed all 4 atteries. The doctor went in a saved him and made a way for him to keep living with a shunt in the back of his heart.
Ok, my dad had 2 maybe even 3 privious wills. Each of these stated the same thing, he gave the bulk of his estate to his children. And for some reason, 2 days before his stroke he gives everything to his wife. I just dont get it.
First of all, my stepm. hated me and my brother. And for many many years she tried to get my dad to disinheritate us, but he never did. He kept his money in a seperate bank, in his name only, all the lands he inheritated, was in his name only and he left his kids, bank accounts, in their name only, payable upon his death. For 30plus years he kept things this way. And then all of a sudden he changes his mind? There was some kind of undue influence going on.
I believe he was depressed, was over medicated, and he was frail and had spells where he didnt know where he was. He was a caradic patient, may have been on meds. for his constant shaking(like parkensens disease).
To have 'undue influence' you must have oppurnity, which she had. Amazingly it was on a Sunday when he changed his will, and he had no time to consult an attorney. She even got my dad to call me and tell me not to come to the hospital and his sister too, the day of the surgery. This was not the first time we had this issue, so I backed off and obeied him. Show that this person would never have done this without (her) influence, there is the land(which he inheritated as a seperate property and he had years to put it in their joint names, but he never did. 2 prior wills, which both read the same, he gives his land, money, and monies in his accounts to his children, the land I live on to me and the home my brother lives in to him. His friends, will testify to my dad wanting his assets to go to his children too. The bank accounts that were in our name, even the ones payable upon his death. He had time to change those and he never did, why? Show their mental state at the time the will was written. We even have a tape with her stateing she 'made him write it out'. Up to the weeks before the deception she was bad-mouthing me or my sibling everyday. She hated us. I believe he wrote out this so called will to get her to shut up. He was in pain all the time. Taking alot of medication and he was not in any way able to go through this surgery. As a matter of fact, his heart doctor said, that if he knew he was going to have back surgery, he would not have let him go through with it, he wasnt in good enough health.
I believe in our case we have what we need to challange the will. The will is only one sentence. .
I wonder if you think we have a chance using undue influence? Did she talk my daddy into changing his will, of course. Who had the most to gain from this, my stepmother. My father changing his will and leaving it all to her......when all other wills were just the opposite. Wouldnt that help our case? That shows she had the most to gain. My father's assets all come from land he inheritated from his parents, not from something they bought together. And this estate is a sizeable one, many hundreds of thousands of dollars.
All I know is she stayed in the marraige for this reason only. She even told me when my dad was in ICU she should have divorced him a few years ago..then she could have gotten his money. And how she was going to make sure she got all his money in these accounts that was sat up for us, because if the money in our accounts filtered through their checking, then she could get it all. She told me that she never signed any papers stating that she knew the money was coming from inheritated land. Then I said, but you know that, you know that it comes from my mamow & papaw's land. She said I dont care.
She told us beside my dad's bed, I know your mother's dead, but you dont know the hell I went through with her. I have stayed in this marriage and I deserve to have it all. You just dont know all the curel things she has said to us and did to us, and now its like we never were my dad's children. It is a year this Easter and to this day she has not offered us even a picture or anything that personally belonged to my dad, not one thing. And never will. If we dont win this case, She gets it all and we will have to move.
My daddy bought me the land I live on some 10 years ago. He gave me this land and told me I would never have to worry about a place to live ever again. Well, according to my attorney, that dont matter, what he told me. It only matters if it is in my name. And its not. Who knew when a dad gives you something, you have to worry about it being in your name? I didnt. I took him at his word. He was the finest christian man I ever knew.
I want to know can we win our case using undue influence? And how come our attorney tells us we cant get my dad's medical records? I was under the impression that our attorney could supoena them and we could obtain them. But as of today, we cant?
I can not believe that a person that has been in our lives for 30 plus years can turn out to hate us that much.....when in reality she hated my daddy. And now she stands to get all his assets, and the ones he wanted for his children. Let this be a lesson to all of you who have step parents and stepchildren......dont trust them to do the right thing...
Thank you
czb
 



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