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Of sound mind and body?????

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ricoace64

Junior Member
What is the name of your state? Ill
My Father has advanced Alziehmers disease...I have a nosey and very over 'concearned" aunt who is insisting that he go with her to draft his will!?

Is this even legal? does the will hold any validity being that my father isnt of sound mind and body?
 


BlondiePB

Senior Member
ricoace64 said:
What is the name of your state? Ill
My Father has advanced Alziehmers disease...I have a nosey and very over 'concearned" aunt who is insisting that he go with her to draft his will!?

Is this even legal? does the will hold any validity being that my father isnt of sound mind and body?
A person with Alz. is NOT competent to execute any estate papers. Why haven't you seen a guardianship attorney yet?

It will cost a lot less money to establish the guardianship and secure your father's assests and estate than the cost to have all this undone afterwards. Is there some reason that you would be ineligible to be your father's guardian?
 

dmode101

Member
The question is whether your father has the ability to know the nature and objects of his bounty. If you can prove that he had advanced Alzheimer's at the time of signing a Will then I'd say you would stand a very good chance of having the will invalidated.

Not to mention if the aunt is overinvolved in the process then that can be a pretty strong indiciation of undue influence of someone with diminished cpacity, especially if the Will benefits her.
 

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