O
oneof2caretakers
Guest
state: california.
mom died in april 2001, she was diagnosed with alzheimers in late 1994 - myself and my husband both took care of her all the way to the end (this is his mom my mother in law) two mos after she was diagnosed with alzheimers (she was still pretty good back then she remembered people just not dates and places she understood finances and we helped her with those) her husband died two mos after that she went to a lawyer and had a will drawn up - in jan 1995 it was complete she signed it - lawyer signed it and one other witness signed it. We believe she was just fine at that time. However shortly there-after she also had my husband named her power of attny. (durable 3 way gen. med. financial)
the will leaves the house to myself and my husband leaves 1,000 to her already well off son and 1,000 to a daughter who she gave much money to on her own. there is a no contest clause. the remaining funds get split between one other sibling (who needs that money) and my husband. My husband is (named) executor. He has filed probate.
now one brother (the well off one) is contesting the will saying that she didnt understand money (she did all of the funding up until 1995 with the help of my husband toward the end and we have those checks from 1979 all the way til 1995 proving she handled the money) and saying that she had alzheimers and couldnt have known (he even goes as far as to say she had it since 1983 which is a lie) Saying he is the oldest and should get most of the estate and be named executor. (btw he saw her once a year and would always give us greif on how to take care of her in her later years but never took care of her himself) he also has irs problems.
now - our lawyer seems to think this is pretty cut and dried and wont get dragged out too much. oh brother doesnt have a lawyer he is representing himself
i just want another opinion - i want to sleep (ps. court date is monday)
mom died in april 2001, she was diagnosed with alzheimers in late 1994 - myself and my husband both took care of her all the way to the end (this is his mom my mother in law) two mos after she was diagnosed with alzheimers (she was still pretty good back then she remembered people just not dates and places she understood finances and we helped her with those) her husband died two mos after that she went to a lawyer and had a will drawn up - in jan 1995 it was complete she signed it - lawyer signed it and one other witness signed it. We believe she was just fine at that time. However shortly there-after she also had my husband named her power of attny. (durable 3 way gen. med. financial)
the will leaves the house to myself and my husband leaves 1,000 to her already well off son and 1,000 to a daughter who she gave much money to on her own. there is a no contest clause. the remaining funds get split between one other sibling (who needs that money) and my husband. My husband is (named) executor. He has filed probate.
now one brother (the well off one) is contesting the will saying that she didnt understand money (she did all of the funding up until 1995 with the help of my husband toward the end and we have those checks from 1979 all the way til 1995 proving she handled the money) and saying that she had alzheimers and couldnt have known (he even goes as far as to say she had it since 1983 which is a lie) Saying he is the oldest and should get most of the estate and be named executor. (btw he saw her once a year and would always give us greif on how to take care of her in her later years but never took care of her himself) he also has irs problems.
now - our lawyer seems to think this is pretty cut and dried and wont get dragged out too much. oh brother doesnt have a lawyer he is representing himself
i just want another opinion - i want to sleep (ps. court date is monday)