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Roger, Attorney
Category: Family Law
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My brother has power of attorney mother. I just found out a

Customer Question

My brother has power of attorney for my mother. I just found out a few days ago that over a year ago he had a competency evaluation on my mother and that day she was deamed competent. They then changed the will and wrote me out. Before that time my brother and I were 50/50 benificiaries. There was also a savings account that had my mother's and my name on it and my name was removed from that as well without my knowledge. What legal right, if any, do I have?
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.

Hi - my name is ***** ***** I'll be glad to assist.

If your mother was deemed competent and able to make decisions on her own, then it would be very difficult to challenge what she has decided to do.....but it is possible. You could sue and claim that your brother has either forced your mother to do this or made her sign under fraud or duress. IF you can prove that he forced her or that she is incompetent, you could file suit to challenge this change, but it requires solid proof.