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Roger, Attorney
Category: Legal
Satisfied Customers: 31680
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My father has dementia I am s only child I am an adult 57

Customer Question

My father has dementia I am his only child I am an adult 57 years old my stepmother who my father is still married to refuses to let me know anything about my father condition. She will not let me go to the doctor she will not give me the information that the doctors gave her she does not want me to see him she would not let him answer my phone calls over 80 of them and she is going against my father's wishes that he has had promise his daughter and grandchild of things that he wanted them to have and she has decided that none of that is going to happen the will states that everything goes to my stepmother does this apply even after a verbal agreement of what they wanted the will was made in 1994 is there a way that it can be changed it says in the will that it can't be changed without the other person knowing also my father had money set aside for me and his wife which was a considerable amount he has also taken that away from me is there anything I can do about this
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - thanks for requesting me.

A will can be changed at any time by the testator (person making the will) as long as he/she is of sound mind (and alive). But, if your father is no longer of sound mind, it could not legally be changed UNLESS you were to file suit and challenge the validity of the will....which would require a showing that when he made the will back in 1994, she defrauded him, forced him or tricked him into signing it......or to prove that he was not of sound mind then.

Expert:  Roger replied 1 year ago.

Thus, in short, if your father was in good mental health at the time he signed the will, it would be next to impossible to set it aside because he created the will on his own accord.

Expert:  Roger replied 1 year ago.

The verbal changes to the will are not legally enforceable....but your stepmother COULD abide by them out of a moral duty to your dad....but legally, it means nothing.