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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111467
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My sister has control and is executor of my parents assets.

Customer Question

My sister has control and is executor of my parents assets. Both passed away this past March. They lived in Buffalo, NY. My sister still does,
JA: The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No...cannot afford. She has cut me out, even changed date of my mothers memorial without telling me. She had my mom sign something during final days. My dad told me he left something equally for all and I have 2 daughters who could use financial help right now. We have copies of my dads credit cards statements from one month clearly showing she abused.
JA: Please tell me everything you can about this issue so the Estate Lawyer can help you best. Is there anything else important you think the Estate Lawyer should know?
Customer: I think my mother was on morphine at time of signing whatever it was. My dad told me he changed the power of attorney or executor, I can't remember, shortly before he died. My sister is an alcoholic. I think what my mom was told to sign changed things back to her. My parents and I and my family had an extremely close and loving relationship. My sister controlled the family and my parents let her, at times I think they were afraid of her. They lived in her home their final months with hospice and nursing care. They died 3 weeks apart this past FEB/MAR. I have no contact with her. I believe my dad had an attorney for something.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are challenging the will and validity of the changes, you will bear the burden of proving that your mother was incompetent mentally at the time she made the changes. This also means you will need an attorney, because the law will require you to be represented to file a will contest. You will need to file an objection to probate and will have to show the will is not valid as it was improperly changed and this is the only way you will resolve this matter.

The sister exerting her influence over your mom based on her close relationship with them is called "undue influence" and it is grounds to invalidate the will. Only a court can do this and you have to file the objection to will in the probate court.

Customer: replied 6 months ago.
Thank you. Now I know there are possible options.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.

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