Executrix verse appointed administrator

[dallas3_71852]

What is the name of your state? AR

My father had a will done June 6th 2006 He left My oldest sister to be Executrix, My sister was with him the day the will was done, The woman that was living with my father during this time took my dad back on june 29th 2006 and had everything changed and left her daughter the house and land and everything else, my father signed this,

He passed away in dec 2006, he was 2 days from being 80yrs old ,no one knew she took him and had this will changed at the end of June it does state that she is still the Executrix, but there was a notice that came out in the paper that this woman was appointed administrator on the 20th day of march,

Can someone please help and tell me what if anything can be done about this, This woman has screwed us over I do know that, My mom passed away 3 yrs ago and she didnt' have a will, my parents were married for almost 50 yrs,

Thanks for any input,

 

[Dandy Don]

Consult an attorney immediately.

Your case will be helped if you know where the old will is and if it was prepared with the assistance of an attorney. Do you know the names of people who may have been witnesses to the old will?

Did your father suffer from any disease or take any medications that would have affected his judgment?

This is a classic case of undue influence/duress and possibly financial elder abuse if she had power of atttorney and your attorney can advise you how to proceed. You need to decide if you can afford the expense of contesting the newer will or there may be other steps you can take to fight this thief.

DANDY DON IN OKLAHOMA ([email protected])

 

[dallas3_71852]

The first will was prepared with the same lawyer, and the same witnesses,That is what is odd to me, you would have thought that lawyer would have questioned it, they told my sister this woman kept calling the office and changing things until she got it the way she wanted it , then she took my dad in and had him sign it,

my dad was diganosed with cancer in march before that I do know that he was on quite a bit medication, but I am not sure what all.

Thank you so much for answering me,

 

[Dandy Don]

Your attorney will also need to find out if this lady had power of attorney and whether what she has done constitutes elder financial abuse or abuse of power of attorney or not.

 

[seniorjudge]

The very first thing the court will want to know is if pa was competent when he did this.

 

[Betty]

Agree, the court will want to know whether your father was competent/of sound mind when he signed the new (2nd) will, etc. If you believe he wasn't, you will have the burden of proving this. I assume the witnesses when he signed the 2nd will, will attest to his state of competence. Were the witnesses people from the lawyer's office?