What is the name of your state? Tennessee
I apologize in advance for the length of this post, however, I am truly concerned about the well-being of my 10-year-old severly handicapped brother.
My mother died Jan 27th, 2007 at the age of 42. She has been unable to get a divorce from my father due to her not being "coherent" to make legal decisions due to an unknown illness that she had after the divorce procedings had start. Along with the divorce there was a "Restraining Order" restricting changing ownership of her assets, insurance policies, but no direct mention of a will.
On December 28th, 2006, almost 1 month before she died, she signed a will that left everything to her father. She would have never done this in her right mind as she has a 10-year-old severly handicapped son who she loved more than anything, as well as 3 other close children. My mother had mysteriously changed her life-insurance policy over to my grandpa as well, but this was a direct violation of the restraining order mentioned above.
My mom was drilled by my grandpa that she owed him for taking her to the doctors, caring for her when she was "incoherent", etc. She was part owner (10%) in 2 different LLC's who's revenues were over $10million a piece. In 2004 one of the businesses exceeded 26 million in revenue.
I am afraid that she was pressured into signing this will in an incoherent state. My mother told me she was making a Will to make sure my little brother was taken care of and then upon her death, we find that the rich have gotten richer and he's left with nothing.
One last note, she had signed the Will in the margins 3 different ways on 3 different pages. Her legal name is "Lisa MiddleName MadenName LastName" (edited for privacy). Page one was signed "Lisa MiddleName MadenName Lastname", second page signed "Lisa MadenName MiddleName Lastname, and on the third page "Lisa Lisa Middlename Lastname" (yes, her first name twice)- all in scratchy writing. This clearly shows anyone reading that something was wrong. I believe that she purposely signed it this way to show us that things weren't right, or she was doing this against her will.
My question is this...
Was she able to write her family out of the will while she was in a divorce?
And if so, is she able to make a Will after being legally ruled "incoherent" to proceed with a divorce hearing?
I apologize in advance for the length of this post, however, I am truly concerned about the well-being of my 10-year-old severly handicapped brother.
My mother died Jan 27th, 2007 at the age of 42. She has been unable to get a divorce from my father due to her not being "coherent" to make legal decisions due to an unknown illness that she had after the divorce procedings had start. Along with the divorce there was a "Restraining Order" restricting changing ownership of her assets, insurance policies, but no direct mention of a will.
On December 28th, 2006, almost 1 month before she died, she signed a will that left everything to her father. She would have never done this in her right mind as she has a 10-year-old severly handicapped son who she loved more than anything, as well as 3 other close children. My mother had mysteriously changed her life-insurance policy over to my grandpa as well, but this was a direct violation of the restraining order mentioned above.
My mom was drilled by my grandpa that she owed him for taking her to the doctors, caring for her when she was "incoherent", etc. She was part owner (10%) in 2 different LLC's who's revenues were over $10million a piece. In 2004 one of the businesses exceeded 26 million in revenue.
I am afraid that she was pressured into signing this will in an incoherent state. My mother told me she was making a Will to make sure my little brother was taken care of and then upon her death, we find that the rich have gotten richer and he's left with nothing.
One last note, she had signed the Will in the margins 3 different ways on 3 different pages. Her legal name is "Lisa MiddleName MadenName LastName" (edited for privacy). Page one was signed "Lisa MiddleName MadenName Lastname", second page signed "Lisa MadenName MiddleName Lastname, and on the third page "Lisa Lisa Middlename Lastname" (yes, her first name twice)- all in scratchy writing. This clearly shows anyone reading that something was wrong. I believe that she purposely signed it this way to show us that things weren't right, or she was doing this against her will.
My question is this...
Was she able to write her family out of the will while she was in a divorce?
And if so, is she able to make a Will after being legally ruled "incoherent" to proceed with a divorce hearing?
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