Testamentary Capacity stroke

[passivesf]

What is the name of your state? Texas

Hello, please help

My father passed away on Dec 24th 2005 at age 79. Starting about five years my father began down a rough path of TIAs (ministrokes), senility, and a degenerative brain disease. He was admitted to the hospital on Nov. 15th after a really bad TIA and not being able to hold bowel movements. However, two weeks before he was admitted to the hospital both he and my stepmother both signed seperate wills at their attorney's office giving all of his estate to her. He has had previous wills in the past and in each one as I was told by my father that I received 1/2 of the estate. The estate is worth well over $2 million. If I get his medical history, is it possible that I could have the last will invalidated and go to a previous will when he had his normal mental capacity?

I am very upset with my step mother she basically stole the money when my father was at his lowest. Could I also have some sort of criminal charges against her?

 

[Betty]

The will can be contested but it will have to be proven that your father was not of "sound mind" (lack of mental capacity), under undue influence, etc. at the time it was changed. You need to contact a lawyer to discuss the situation.

 

[Dandy Don]

If there is no specific language in the will that mentions a reason for you to be disinherited, you have partial grounds to win if you decide to contest. But can you afford the thousands of dollars it would cost to retain an attorney to help you contest?

DANDY DON IN OKLAHOMA ([email protected])