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I am the executor and power of attorney to my fathers living trust and will. My father is still alive however becoming very forgetful. My sibling is trying to overturn the trust and will that was created 2 years ago.There is just the two of us left and the estate is divided into 50% each. My sibling has been informed that he gets half, however he is not satisfied and was total control of everything, which I am not willing to give up as he is a very in debt bullish alcoholic. Can another lawyer overturn the existing will? what is that process and what do I need to do to stop him? Do I need a testamentary capacity letter from his doctor? And do I need that letter to exert my power of attorney?
Submitted: 287 days and 10 hours ago.
Category: Estate Law
Value: $15
Status: AWAITING CUSTOMER ACTION
Answer
The testamentary capacity letter isn't necessary just to act with the POA, but it definately helps establish that the will and power of attorney are valid if a challenge is presented.
There are basically a few reasons to set aside a will, trust, or power of attorney. One is a lack of capacity on the part of the testator/settlor/principal. Others are duress, fraud, and undue influence. If proven, any of these facts would be a basis to set aside the will.
In order to defeat the will challenge, you will have to present the defense in Court when he filed a petition to set aside the will and/or a trust challenge. It would be a good idea to have a qualified attorney help you with this.
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Edited by CA Lawyer on 2/8/2009 at 2:32 AM
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2/8/2009
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