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My mother suffers from full blown Alzheimers and dimentia and is therefore legally incompetent?She was walked into a lawyer's office by my sister and had her change her will so that she is the sole beneficiary of her estate.How do I get that overturned?
State/Country relating to Question: California Already Tried: This is my first step.
Your mother's will cannot be challenged until she dies and it is offered for probate. Upon her death, you may be able to file objections to probate and/or a will contest either before the will is offered for probate, or after it has been probated. You will need an attorney. The sooner the better. Start gathering the evidence that your mother was a) incompetent on the date the will was signed, and b) your sister exercised undue influence on her in making the will. Get the names of her doctors, nurses, hospital admissions, prescription drugs. Talk to the people who know her and keep notes of your conversations with them. Taking written statements at this point may or may not be 'over the top', depending on what is involved. If possible, get possession of Mom's prior will and keep it safe, so that it can't be destroyed and can be used when sister's will is tossed out.
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Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.