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My aunt who is now deceased was named on a valid will. My aunt does have her only sister living. Can that sister beneit ?

Silver Spring, MD |

My aunt was devoted to John Doe for over 23 years assisting him in his household, and helping to care for his handicapped brother, who passed 3 yrs. ago. My aunt was mentioned to receive many proceeds in John Doe's Will.. Now, John Doe recently passed. He had Alzheimer's Disease.My aunt's only sister and next of kin is living, and if my aunt were here, she would want her to benefit . Now strange things are happening that are not just. A codicil was attached revoking my aunt, since she is no longer living. Everything is questionable on this will, from validity to signatures. The living sister is concerned because John Doe talked to her everyday since my aunt's passing, stating that my aunt 's name is on the will, as well as the living sister. Can all of this be challenged.?

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Attorney answers 2


With these complicated and ambiguous facts and questions as to validity of documents any advice at this forum would be pure conjecture. You need to immediately retain estate counsel to review this situation in detail to see if the living sister has legal recourse here. Anything less is a waste of time.

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Only if your living aunt changed her position in life (such as taking care of John Doe every day for along time, or moving in with him just to do so, and giving up some other opportunity in life) would she have grounds for contesting the Will, especially of there are living witnesses to what work she did for John Doe and that the living aunt was relying on a promise made by John Doe. What would have been your other aunt's legacy or bequest will go to whomever John Doe's Codicil say it will go to. Even if one could prove that John Doe was mentally incompetent when he signed the codicil -- that woould not likeley help your living aunt -- because when your aunt died, her legacy under the Will died with her.
--Anne LoPiano

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