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Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
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Sister in law has an inoperable stage 4 brain

Customer Question

Sister in law has an inoperable stage 4 brain tumor(diagnosed mid June of this year). She is going thru radiation and chemo pills for 6 weeks now as well as prednisone & seizure meds. I inquired about additional paperwork needed re durable power of attorney (in place with her brother named )to her girlfriend because it's the state of Ct & she works for a lawyer. We live in FL and sister in law in CT. Wanted to make sure no further paperwork was needed because her condition could change very fast. My husband is her only sibling & she is a widow with no children. This girlfriend has started trouble and making accusations about us. We are in Fl and she is constantly there all of a sudden. Our sister in law believes her!!!!We are in her will but have been told by sister that she changed everything last week and took us out of will as well as her durable power of attorney. We are devastated that she would believe her friend. She has been very euphoric and almost childlike due to her meds which is normal for these meds. She is very angry and bitter and saying all we want is her money and she is doing great(tx has temp. stopped glioblastoma tumor growth) and she is going to AZ in October . She can't even shower or go to bathroom without help. She is not dealing with reality. Can this be legal, especially since her girlfriend is encouraging her with these lies? How can a so called friend deliberately cause her such pain & break the bond between brother & sister
Whomever she had come to the house to change everything probably doesn't even know her condition since other than a walker she appears normal if you don't know her. Can what she did be legal... Her friend seems to have an agenda
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2020 replied 1 year ago.

It is legal as long as this person is not assaulting your sister in law. If the ultimate goal is to protect your sister-in law and her assets, consider obtaining an adult conservatorship giving you rights over her body and a complete estate plan including a trust, will, durable power of attorney and healthcare directive giving you rights over her health decisions and assets. That is the only way your sister-in-law could be fully protected. Having a local estate planning attorney would be most valuable under these circumstances to ensure legality.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for you cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.
PLEASE RATE MY ANSWER.
PLEASE RATE MY ANSWER.
PLEASE RATE MY ANSWER.
Customer: replied 1 year ago.
U r saying someone with a stage 4 brain tumor can legally change her will & POA..... That is not what Richard said..... He said it most likely will not stand up in a court of law and will most likely revert back to original will/poa
Expert:  Attorney2020 replied 1 year ago.

Saying "it will most likely not stand up in court" does not conclusively establish it will not stand up in court. Perhaps having a no contest clause in the will and just executing the documents with a qualified local estate attorney is your best alternative. Otherwise, you can leave the circumstances as is.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for you cooperation. Thank you.

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