beneficiary

[BP1]

What is the name of your state (only U.S. law)? CT

My uncle recently passed away and his siblings discovered that shortly before his death he drafted a new will naming a religious group that had been soliciting money from him in the year or two before his death as the sole beneficiary. At least 5 years prior to his death, he had been diagnosed with dementia. (The attorney who drafted the new will made himself the executor.)
How strong of a claim is there to challenge the recent will? What steps should be taken?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[TrustUser]

if you have proof of the dementia diagnosis, i would think that any judge in his right mind would highly question the new will.

[Dandy Don]

Hire your own attorney who has experience with contesting wills.

Would it be possible for your attorney to get access to the decedent's medical records that prove he had been diagnosed with dementia? I believe your answer will be YES, and that will be a big plus for your side, since a person who has been diagnosed with dementia is presumed to NOT have the mental capacity to understand the meaning of any documents they are asked to be sign and so the will is going to be automatically voided and probably divided up according to intestate law which means that next-of-kin is going to be in line to inherit.

I sure would like to be there to see the frown on the greedy attorney's face--he obviously knew better but thought he could get away with it. How many witnesses were there, and are they related to the decedent or just his friends or people that he was not previously familiar with at all?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)