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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118185
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My brother is a schizophrenic and paranoid at times.he has a

Customer Question

My brother is a schizophrenic and paranoid at times.he has a will and left $5000 to my two sons and granddaughter(which is what my deceased mother's will read...but did not happen because he wasn't willing to give them the money from the sale of the house) and the remainder of his estate is divided between 3 charities. I am left nothing. Do I have grounds to contest the will? I am named as one of his agents on his POA. I do wish for my family to receive their monies as stated. He is terminally ill now and I am caring for him for as long as I can since I also have health issues.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that I do not understand. Who has a will your brother's will or your mother's will? Your brother is the executor of the will and is not honoring your mother's will? It is very unclear above, because if your brother is still alive then his personal will does not matter as it is not effective.

Customer: replied 2 years ago.
My brother lives in NY and I am asking you about when he expires do I have grounds to contest his will given his schizophrenia? I am left nothing. His monies go to 3 charities and a small amount to my sons (which is fine). The rest of the info was additional background info.
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 2 years ago.

If you would like a phone call I have sent you an offer for that.

You would not have a ground to challenge his will unless you can prove that at the exact time he wrote his will he was not mentally competent to do so. If you can show that when the will was written by your brother, he lacked the mental capacity to be aware of what he was doing, then you would need to present medical evidence of that to the court and you could get his will invalidated. In getting his will invalidated though, that means that everything he has goes through intestacy and that means it goes to any surviving spouse and children/grandchildren of your brother.