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Mother's Will Rewrite seeking elimination of sibling co-inheritor

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bridget24

Junior Member
What is the name of your state (only U.S. law)? New York
I have reason to suspect my brother recently took sly advantage of our mother's dementia and had her issue a new will naming only himself as inheritor. Prior NY will dated 9/90 cited "share and share alike" between us as sole siblings. He likely plans to spring this on me following her death. Is there anything I can do before that event? Mom has extreme compromised memory. I hold her POA. THANK YOU!What is the name of your state (only U.S. law)?
 


curb1

Senior Member
How do you know this information. Can you verify your mother's mental condition when these changes were made?
 

bridget24

Junior Member
Mother's Will Rewrite...

Mom has not legally been declared incompetent, and likely will not be so declared. Her M.D. whom she sees every 3 months is well aware of her limitations, however. Her memory is now limited to present tense and far past only.
 

anteater

Senior Member
Since a will is only effective after the testator passes away (and it is submitted for probate and adjudged valid by the court), there really is not much you can do now except to gather as much evidence as you can regarding her mental state and anything that might be considered evidence of undue influence in the creation of this new will.
 

curb1

Senior Member
If you can't document her mental condition now, you will have extreme difficulty in reconstructing this condition later when she is not alive. You need to determine at this time whether this "new will" was freely made by your mother. If you can't make that determination and document this, you will have little chance later. What does her Dr. say about this when you asked?
 

bridget24

Junior Member
Mother's Will Rewrite...

Would it behoove me at this time to obtain a notarized statement from Mom declaring her "new" will null and void, stating she endorses only her prior will of 1990 which declares 50/50 "share and share alike" inheritance for her 2 children? This notarized statement would declare that her "new" will was executed under duress.

VERY last question: Is there any way to bypass court input after Mom's demise? If my brother gets to run the show, fearsome bully that he is, I fear getting shortchanged on every front. Guess I should hire a NY lawyer...?
 

curb1

Senior Member
When you speak to your mother about this, what does she say? Are her intentions clear that she endorses the "new will"? Why does she say that she created the "new will"? If her intentions are to not include you in her estate, you will have difficulty reversing this. Is she willing to say that "brother" pushed her into changing the original will?
 

bridget24

Junior Member
Mother's Will Rewrite...

I have difficult long-distance phone communication with her due to her increasing deafness + unwillingness to get a hearing aid. Her memory is so challenged at this time. she cannot recall whether she even signed a new will. My brother is a persuasive salesman, however, and likely informed her she legally "had to" revise her will periodically. I would definitely get a statement from her specifying she had been corralled into signing a new will by her son and specifically also re-instituting legal primacy of her 1990 will. Her doctor might also sign a statement for me attesting to her compromised cognition. Please comment. MANY thanks~!
 

anteater

Senior Member
I am not stating that you have any blame in this... But, looking at your earlier threads and this one, your mother is being made into a ping-pong ball between you and your brother. I say: Stop it!

Battle this out with your brother after she passes. From what you state, you have nothing more than suspicions that a new will has been made and no idea what it states if it does exist.

If her doctor will make a statement regarding her competency, fine. If you want to consult with an attorney now regarding New York case law on competency and undue influence, fine.

VERY last question: Is there any way to bypass court input after Mom's demise? If my brother gets to run the show, fearsome bully that he is, I fear getting shortchanged on every front. Guess I should hire a NY lawyer...?
New York does have a simplified procedure for the transfer of assets in small estates - if I recall, the maximum is $30,000. Otherwise, if the assets are to pass under the terms of a will, then probate is necessary. One of the many reasons that the probate procedure is there is to adjudicate disputes between and among executors and beneficiaries.
 
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