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home | Legal Issues | Will The Will Stand?
 

Will The Will Stand?

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Q: I am the sole caregiver of my 73 year old mother who has Alzheimer's.  I have been with her 24-7 for about 2 and 1/2 years. I am only 38 years old and have put my life on complete hold to care for her. I have one brother and some cousins who never offer to help or even come to see her, but are always asking questions about her will and what she is leaving for them. I think this is just terrible. If they visited or helped in any way I would understand their questioning, maybe.  Of course my mom has made the entire will to me and did so while she was still competent. I know this is going to cause a big argument when the time comes, God Forbid. I just want to know if I am going to be protected when the time comes.

A: Ah, money...the wedge that divides so many families.

Like any other lawsuit, anyone can contest a Last Will and Testament - whether they have a good case or not. However, a well-written will should stand up against a contest.

Contesting a will can be expensive, and whoever is contesting would need to hire a lawyer. If there is not a strong legal case, a competent attorney will discourage someone from contesting a will. The cost of going to court with a poor case would discourage many people.

You might get in touch with the attorney who drew up your mother's will. Ask whether he or she would write up a statement for the file about your mother's apparent competence at the time the will was prepared. That way, should anything happen to the attorney who originally worked with your mother you will have something on record.

These days many attorneys actually video tape their clients, just in case there is any question about competence later. Seems like a good idea to me.

None of this will spare you the big argument, I'm afraid.

 

 





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