Estate Law Questions? Ask an Estate Lawyer.
Thank you for using Just Answer. I look forward to assisting you this evening. I am sorry to hear about what is going on with your mother.If your mother is unable to speak for herself, certain documents, such as a Health Care Power of Attorney, or a legal guardianship, can give your sister authority to control who sees your mother. However, if such documents were not drafted and your mother is competent, she doesn't have standing to forbid you from seeing her or speaking to her. If your sister really won't communicate with you and wouldn't, for example, be willing to try to work out any issues with a neutral third party like a mediator, you could involve the court by petitioning for guardianship if you believe in good faith that your sister is being unreasonable in controlling visitation. She certainly should not be taking control of your mother's accounts and finances without guardianship or a Power of Attorney.A Last Will and Testament is another matter. A beneficiary isn't entitled to a copy of it until it is filed with the court following a person's passing, after which it becomes public record. Before that, it is up to your mother to decide whether to provide you with a copy. If, when you receive the Will, you believe that it is a product of undue influence or fraud (e.g., she was forced to write something she didn't want to or was forced to sign something while not competent) you could bring a legal action in probate court to invalidate the will.If the Will is found invalid or there is no will, then your mother's estate -that is, anything not passing directly to a named beneficiary or beneficiaries, like a life insurance policy - would be distributed according to state law.If you need clarification or additional information, please REPLY and I'll be happy to assist you further, Otherwise, please kindly remember to leave a positive rating as that is the only way experts on this site are compensated, even if you left a deposit. Thank you.
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