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About five months ago my 93 year-old father's wife of 27

Hello, About five months ago my...
Hello,
About five months ago my 93 year-old father's wife of 27 years gave him a weeks notice, moved out, and then served divorce papers. I live in Virginia, so I flew down to his home in Tenessee and stabilized the situation until my sister (who is retired and lives in New York )could come down and stay with him. I found a lawyer who seemed nice enough to take care of answering the pleadings, and left my sister in charge. There was a prenuptial agreement( leaving his estate to myself and my sister)but it was apparently not signed by an attorney and the lawyer told us that it would likely be worthless. Now here's why I am writing this- the lawyer stopped responding to my emails and phone calls and my sister has become very evasive about what is happening. I did find out by the online court system that a mediation is scheduled at the end of this month, but that is all I know. My concern is that my sister (and possibly the lawyer) are having me taken out of the will. It may sound overly suspicious but the exact thing happened to my wife about a decade ago. I guess my question is, is there anything I can do to advocate for myself in this situation, or an I helpless? Thanks.
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Answered in 2 minutes by:
10/16/2016
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34,946
Experience: 30 years experience representing clients.
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Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Is your father legally competent?

Have you spoken to him about his estate plan?

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Customer reply replied 1 year ago
He has not been declared incompetent. I had never discussed his estate plans, but knew of the prenuptial agreement which was supposedly going to device his estate between his two children

If that was his estate plan why do you think he is changing it to exclude you? Has he said anything indicating that?

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Customer reply replied 1 year ago
Did you read my initial message? If not please do. There has been a sudden change in communication from both my sister and the lawyer an d I am not being informed. This makes me wonder if they are changing plans without my knowledge. And the question l hope your will answer is if I have any legal recourse

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

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Customer reply replied 1 year ago
I suspect the answer is no., that I have no legal recourse

If your father is legally competent then he has the legal right to change his will to distribute his estate in any manner he wants. If he did write you out at the behest of your sister then your legal remedy is to challenge the will after your father dies and it is submitted to the probate court for admittance to probate. At that time you could challenge its validity on the basis of the claim of "undue influence".

Unfortunately, there is nothing to do right now to stop him from changing his will if that is waht he wants to do.

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I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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Customer reply replied 1 year ago
Listen, I'm an oncologist. I have to tell people they are going to die slow agonizing deaths almost every day. This situation is more of a comedy, but I do want what ever I am legally due.. So challenging the will upon his demise is my only option. I understand you didn't write the Constution....
Thanks, I'm done.T

Thank you, ***** ***** professional to another, for understanding.

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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Thank you!

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34,946
Experience: 30 years experience representing clients.
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Loren
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