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can dad contest mom's will?

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janad98

Junior Member
JLD, Kentucky

mom passed away, had alzheimers. Sister had swooped in from out of state and began influencing mom. Removed her from a hospital stay, told her dad did not want to care for her anymore. (not true) Sister produced a 'new' will upon mom's death, and filed it with court. Mom & dad were still married at the time of her death. He wants to contest the new will.
 


nextwife

Senior Member
Likely he can obtain physicians reports establishing that she was not legally capable. Additionally, as spouse, he is automatically entitled to a certqain share of mom's assets. He needs an attorney and to contest the will. He should have contested the change in care facilities.
 

janad98

Junior Member
my mom's whereabouts were unknown to my dad for 2 weeks, after sister removed her from the hospital. Sister moved her into a nursing home near her, which was across state line in Indiana. Ky & IN are joined at the Ohio river. Sister told nursing home dad had threatened mom, and she had a restraining order against him, so they were NOT to allow him to speak to her. She also had the phone in mom's room removed. Dad is on a breathing machine and cannot drive, so he could only send neighbors and friends to check in on her. Indiana law enforcement said they couldn't do anything unless he could prove mom was incompetant. So he got a lawyer & began that process. A month into this, sister had mom file for divorce. So dad has 2 battles he's fighting. Mom's alzheimers was advancing, according to neighbors who visited; she often thought she was at home. Sister kept delaying the court ordered psych evaluation. 3 months later mom fell & broke her hip - the nursing home sister put her in is on national watch list. This delayed the eval further. In the meantime, the divorce went to court, he contested it, but had to pay 50k, for nursing home expenses, and for future living expenses. Sister has power of attorney; set up mom a new checking account where her SS checks went & the payment ordered by the court. Sister using mom's checks to make her car payments, pay for her own expenses (hair salon, nail, etc.), as she is not working. She does live with a boyfriend who is on a retirement pension. So dad had not seen mom for over a year, and could not see her as she was dying, because of the restraining order. After mom died, sister's POA expired, and dad took custody of the body. 2 weeks later sister filed a will she says mom made while in her care. All dad has is the psych eval, which showed mom incompetant. Psych eval was in may 2005. What if "new" will was made prior to that? Will he have to prove she was incompetant before the eval? He thinks all her medical records are sealed once she died.
 

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