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changing a will w/ altzheimers

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lilred1970

Junior Member
What is the name of your state? Kentucky, My mother wants to change the executor in her will from my brother to me, she's in the 1st stages of Altz, she wants to know if he would have grounds to contest?
 


Some Random Guy

Senior Member
Plan ahead

IANAL. Start by assuming that the will is going to be contested when she passes away. Then get a lawyer and provide evidence of her state of mind.

If your brother is OK with all of this right now, then get him to sign as a witness to her will and have him sign that she "knows what she is doing" (written in appropriate legal speak).

Then, have her explain her reason for making the change on videotape. Do this when she is of clear mind. If she can convincingly explain why she is making this change without appearing forgetful, confused or coerced, then you should have enough evidence to rebut any suggestion later on that she was incapacitated.
 

BlondiePB

Senior Member
Since when is a person with Altzheimer's be of sound mind as is declared on wills? :confused:


lilred1970, wait until your mother passes and either contest your brother being the executor or request the court for your brother to post an executor's bond. Take an inventory, including pictures, of your mother's belongings now. Having your mother make changes to her estate papers now can open up a Pandora's box for you that would be best to keep closed. Your mother has Alzheimer's and is not of sound mind to make changes to her estate and estate papers.
 

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