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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am an only child, my mother 85 years old, has been having

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I am an only child, my mother 85 years old, has been having mental problems for over a year. We knew this when she started saying that members of our family said they were going to kill her.she would not have thanksgiving or Christmas with the family. We did not take her to the doc until last month. Aug. we are now trying to get her on some med. we do not want to put her in a nursing home. I just found out tonight that last dec. she changed her will, now what can I do? I can't believe she did this. How can I see what she has changed?
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.

This could actually be much tougher than it sounds. This is so because you don't have a legal right to see the will because it's not yours, and a right to inherit doesn't accrue until after the person's death. Also, wills are not recorded until AFTER the person passes away, so there's nowhere you can see it other than if your mother were to voluntarily allow it.

However, if your mother was mentally incompetent at the time she created this will, then it should be invalid as a person must be competent in order to make a will. Thus, if you can prove that your mother was incompetent at the time she made the will, then it would not be legally enforceable. Thus, if someone attempted to admit the will, it would be possible to have the will thrown out with medical records/medical testimony.
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