Which will is valid? Is a will prepared in 1988 valid or the will in 2011/12 if elderly was diagnosed with Alzheimer's/dementia

Asked almost 2 years ago - New York, NY

My mother executed a will in July 1988 in NYC. She became incompetent due to dementia and Alzheimer's disease in July 2008. I was DPOA in 2008. Mom didnt revoke my DPOA but my sister got POA in 2009. Mom died in April 2012. My sister cleaned out whatever monies was in Mom's bank account since it was not longer in joint with me as it was since 1978 but in a social security representative payee account. I retained counsel in SC to probate the property in Mom's 1988 will. I was informed that my sister has retained counsel and presented a more recent will to a lawyer in SC. Mom didn't know where she was living much less have the ability to execute a new will.

Attorney answers (3)

  1. Richard Albert Luthmann

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . Have the SC lawyer file objections with the court ASAP. You should be able to get the will knocked out for lack of testamentary capacity.

    This answer is made for educational purposes only. By using or participating in this site you understand that... more
  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you can prove undue influence or incompetence-the will be be set aside.
    You need a probate litigation attorney ASAP.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree with the other two responses. It appears you are in for a fight. It also sounds like you are already represented by counsel, so these are issues that you need to address with your lawyer. Your case is complex and you have issues not only with the Wills in question, but also whether or not it was appropriate (or permissible) for your sister to change the nature of your mother's bank accounts. It may be that you can have those changes set aside by the court.

    Best of luck to you!

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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