Is it legal for brother who has POA, to change will for his own benefit and leave sister out completely by undue influence?

Asked 5 months ago - Wichita, KS

He had cancer, was cured, and claims sister wasn't there for him as basis for taking everything. He is 65, new wife of 1 year is 25, and she parrots everything he tells her; that we are bad people, and don't need the money and are undeserving of it. They both slander us to all the relatives and have turned mom against us to where we can't visit her in the nursing home. He is there constantly, so to avoid confrontation we don't visit or call. Mom has been convinced that he is right and does no wrong, that we are liars and not to have any communication with us. I am totally depressed and only have ill feeling towards him and his new wife, and now mom to for agreeing with everything he tells her. What recourse, if any, do we have? My husband and I are so upset we don't know what to do.

Attorney answers (2)

  1. Ivette M Santaella

    Contributor Level 19

    2

    Lawyers agree

    Answered . Hello,

    It is recommended that you visit with your Mom and through your actions show that her misconceptions about you are wrong.

    As to amending the Will -- if you are referring to your Mom's -- only she can change it. If it is changed due to undue influence and you can prove it with solid objective evidence, after she passes, you may be able to contest it.

  2. Drew Norman Early

    Contributor Level 18

    Answered . Only your mother can change her will; not your brother acting as her POA.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,278 answers this week

2,254 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,278 answers this week

2,254 attorneys answering