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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115462
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I need to talk to a lawyer on whether or not we have a case

Customer Question

I need to talk to a lawyer on whether or not we have a case where a deceased family member who was not In His right mind and has turned over Power of Attorney and apparently got rid of their will to a ladie he married 3 years ago. He died of Alzheimers.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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.

In proving that a grantor did not have the mental capacity to change the will or named power of attorney, this requires a significantly high burden of proof. Just because he died of Alzheimer's you have to prove by medical evidence that he did not have the mental competency at the time he granted the PoA or changed the will. This means medical evidence and witnesses as well. These cases are not simple and mandate you have an attorney representing you. The case is going to hinge solely on the evidence you can present that at the time he made these changes he was not competent. If you are able to meet that burden of proof you can get the original will reinstated and enforced by the court.

However, as a surviving spouse, she is still going to be entitled to her spousal share of the estate, which is 1/2 of everything acquired when they were married and 1/2 of all remaining property. So she is still entitled to a share of the estate.