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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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This a follow up to first question, our mother is clearly in

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This a follow up to first question, our mother is clearly in a clearly mentally diminished state, the estate is to be divided 5 ways, we,re concerned that there will be manipulation to benefit him by changing the divided amounts, the durable power of attorney has already exhibited behavior that has clearly benefited his family at the expense of the trust members. What concerns us all is coercing our mother to increase the amounts in the end at the expense of all others. Do we need to have our mother evaluated so that if any changes are made to the will can they be challenged because of her mental state?
Submitted: 7 years ago.
Category: Legal
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- If your mother is suffering from dementia it would be a good idea to have this fact documented now in case anyone tries to get her to change her will between now and the time of her death. That would give you the necessary evidence to show that she was suffering from dementia prior to the time she changed her will and therefore void any changes or a new will.


I would assume there is a medical record of her dementia even without an evaluation however if an evaluation is done it will solidify your case.


Dave Kennett

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Customer: replied 7 years ago.
we are going to have a meeting of all members of trust, we are concerned the one who installed himself as durable power of attorney without anyones knowledge is dipping into the finances of our mother who is in a state of dementia how can we see past statements of accounts if he controls them and do we have a right to see if he coerced her to make changes in the trust which would benefit himself? how do we go about this inorder to prevent a huge fight at the end?
Expert:  Dave Kennett replied 7 years ago.

If he refuses to provide the information you will probably have to file a suit in the local court to force an accounting of the trust. Or you can base a suit on the fact that he has breached his fiduciary duty as a power of attorney. In any event, if he refuses to give you what you want then the courts are the only alternative and you will probably need legal assistance to accomplish your objectives.



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