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I am a homecare nurse and have had this particular patient…

I am a homecare nurse...
I am a homecare nurse and have had this particular patient for 3 years. She started telling me soon after I started that she wanted to leave me her house but I kept telling her to give it to her only daughter or grandchildren. She recently insisted that she get a lawyer(me not asking questions why but knowing she wanted to write a will). I was able to find a lawyer that would go to her house as she is 89 and doesn't drive. She in the end did give me the estate(house and some bills of hers) and her daughter was left $100.00 in the will. Am I in for a long battle here? I am going to have another nurse share her and me see her every other week to be safe. It's all to good to be true to be honest as I rent at the moment. I in no way coerced her into this by any means.....she has been persistant to say the least and she went through with her wish. Any suggestions? also my patient doesn't want her daughter to know about it at all. SHe told her daughter she might sell it before she dies but doesn't plan on leaving it to her.
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Answered in 7 minutes by:
6/27/2010
Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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The daughter can contest the will if she feels that your patient was under duress by you or wasn't of sound mind (severe dementia, for instance). HOwever, the fact that she met with an attorney and the attorney signed the will in the presence of 2 witnesses. It will be very diifficult for the daughter to prevail. The lawyer would never had her sign the will if she was under duress or sound mind. Be prepared for the daughter to fight but the likelihood of success on her part, is slim.

Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
Verified
Daniel P. and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 8 years ago
thank you so much for your time and response. Do you have any suggestions to make this all go more smooth? I never asked for any of this but am very honored that she would do this. She also made me the executor so I feel this may make the daughter go nuts as well. I have read online that 1st thing is to change the locks and protect the estate( my patient doesn't have much at all but does not want her daughter to take anything at all) Is this true?

Yes, as executor you will have the ability to go in and change the locks to prevent her daughter from taking the belongings. If you can get a letter/affidavit from a doctor stating that she is of sound mind to make estate planning decisions, this will help you if she does try to contest the will.

 

http://www.getfreelegalforms.com/physicians-statement-of-mental-competency/

 

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