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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55473
Experience:  29 years of experience practicing law, including tax and estate planning.
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My Dad passed away in Idaho on March 24th my brother and I live out of state and his "

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My Dad passed away in Idaho on March 24th my brother and I live out of state and his "caregiver/friend" had him change his will in the hospital on his death bed to give him (the friend) Everything, also this friend lied to me when I could not get ahold of my dad on the phone I called this friend and he told me my dad was fine and he would call me later, i then found out my dad was on his death bed when the friend told me this. I know for a fact my dad had a will naming my brother executor of his estate, we discussed it several times and now that will is no where to be found. I found out my Dad died on March 31 one week after his death and this friend cleaned out his house and burned a ton of documents and told my brother to tell me I better not rock the boat. My Dad was a vet and this friend said my Dad was one of several Vets he helped out. Pretty sure this friend is taking advantage of several vets. The attorney that the friend hired said the new will is all that matters
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Hi Beverly. My name is ***** ***** I look forward to helping. Don't let this guy intimidate you! You can easily contest this new will and get it thrown out. All you need to do is prove one or more of the following: lack of requisite mental capacity, fraud, duress, undue influence, mistake, and or coercion. Given your facts, it's likely you can show all of these. Even though you have the burden, when a will is changed on one's death bed and changes the beneficiaries from family to a caregiver, almost always the will gets invalidated. Then, it doesn't make any difference if this guy destroyed prior wills because if there is no will, the intestate succession laws provide that the estate goes to his children and never to an unrelated party. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!