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I have a question regarding will and estate. what kind of…

I have a question...

I have a question regarding will and estate. what kind of lawyer should I ask?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

VA

Lawyer's Assistant: What documents or supporting evidence do you have?

I have copies of two wills and I want to know what can I do because the most recent one was done without the deceased full will because of his health conidition at that time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The change in the will only was for the proportional distribution of the estate

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Answered in 5 minutes by:
9/13/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,752
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Please explain what your situation and question for us is? What do you mean the most recent one was done without the deceased full will?

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Customer reply replied 5 months ago
The will is for my deceased brother. About a year and half ago I, my nephew and him went to a lawyer in town and he made his will that included both me and my nephew as the the persons who would inheret his estate after his death. Later, Couple month ago , in July 2017, my brother was admitted to the hospital, he stayed there for couple weeks, where he was diagnosed of cancer Stage 4, the last stage, then he was transferred to a nursing home. At that time he was unable to walk, move or even use the rest room, he was placed on narcotics for pain, chemotherapy, lung and heart medications... extra. That is when my nephew and his brother made a new will that reduced my portion of the estate and added his brother to the will. In this situation what do advise me to do.

Thank you for your reply.

If your father was not mentally competent to make the change in the will, then you would be able to dispute the will changes based on that lack of competency and also based on undue influence exerted by your nephew and his brother to cause the change and self dealing. If he was competent when he went with you and your nephew to make the original will and it was made without influence from either of you, then legally that will should be upheld.

It would be your burden to prove he was not mentally competent during the second will creation and also that your nephew and his brother used undue influence to coerce him to make the change. You could do that through witnesses or medical testimony about his condition during that time.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,752
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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