fathers will changed

What is the name of your state (only U.S. law)? michigan My father died and we found out his will was changed when he went into nursing home by our stepmother. My father was mentally incompetent the last 4 yrs and she changed his will and hers. now she says everything goes to her and we will not be reading his will. how can we find out what she has changed according to dads wishes when he was mentally capable .

There is no legal requirement for a "reading of the will." However, a will has no legal effect until the court admits the will to probate.

First, you can check with the probate court in the county where your father resided to determine if anybody has opened probate. Probate case files are open to the public viewing.

If not, you can apply to the court to open probate and petition the court to compel stepmother to produce the will. This is not a do-it-yourself project (particularly if the will ends up being contested). You would be best served by retaining an attorney.

Remember that many married couples own most assets jointly with right of survivorship. Or create mutual beneficiary designations for assets that are individually owned. The titling and beneficiary designations take precedence over the provisions of a will.

In addition to deciding whether you have grounds to contest the will, you also need to discuss with your attorney the possibility of whether she had been granted power of attorney (if she doesn't provide an accounting for any monies she took to prove she used them to take care of him, she could be charged with abuse of power of attorney or elderly financial abuse if your state has laws regarding this).

DANDY DON IN OKLAHOMA ([email protected])