this is getting ugly

[tonjuark]

im in idaho, my aunt in 87 made a will, in 94 she was diagnosed with alztimers in 97 her sister had her change her
will leaving every thing to her. the attorney who was once
representing my aunt, and is the one who wrote her will for
her has dropped her as his client and put a representive by
the state to represent her now. He has since then became the attorney of the sister who took her to get the will changed in the first place. there is alot of money at stake
alot of different people were named in the previous will. I
know for a fact the sister was not the executor of the first
will, infact had little to do with it.. since my aunt does
not know what is going on due to her illness, she has been
moved out of her home all her belonging cleared out and
supposively given to the mormon church. there is not so much as a pieace of papper or any thing left behind. alot of people truly knew what her wishes were to be, and knew she did not want her sister to handle anything because she
would poop it off, and she is. can we contest, we have
proof of alztimers. we how ever do not have the 87 will.
would there have to be a copy documented somewhere do they
make addendems to old wills or just destroy the old one
we are very despreate please help

 

[ALawyer]

If a person has had long time Alzheimers it tends to create a strong presumption that there is ongoing lack of mental capacity to make a Will and/or that she would have been subject to undue influence and that knocks out the ability to make a Will. It also often knocks out the ability to revoke an existing Will.

One issue is potential partial recovery of her capacity -- can it be proven that she had a coherent spell and thus had sufficient mental capacity to make a Will at the time she changed her Will? That's a fact question that experts will testify to.

As for the old Will, finding it first and then and getting established it was not destroyed while she was coherent is also a problem.

If she was incompetent and all records of the Will are totally lost and there is only your recollection, but nothing else to on, I believe she would be deemed to have died intestate -- without a will -- and thus the heirs at law would inherit

This is a VERY factually intense case, the laws in each state have wrinkles, and you need a VERY experienced and capable lawyer to advise you. And don't discount the role of "politics" and favoritism in matters like these. It sounds also as if lawyer 1 may have been in a conflict of interest situation.

io