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If a parent had dementia and changed their will do the children have any rights to apply the will written before the dementia or is it void?

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2005-11-13 20:52:20
2005-11-13 20:52:20

You would have to prove before the death of the parent if they were of unsound mind. This can only be done by more than one doctor. The problem with Dementia (my mother had it and died in June/04) had dementia and she did change her Will many times. She took me out of it and left everything to my brother. My brother thought it was very unfair, but we must remember, we are dealing with a person who is not thinking clearly. The other choice you have is to seek legal counsel and take it to court. If the lawyer can prove that there was indeed records from your parent's medical records showing they had Dementia and were of unsound mind, then you have a chance and can use the former Will. I was caregiver to my mother, and of course when she got Dementia (we didn't know it at the time) she wouldn't speak to me, but only to my brother. I honestly didn't do anything wrong, but in my mother's mind she imagined I did. Dementia is a cruel disease and is a form of Alzheimer's. My mother had changed her Will on several occasions to suit the many moods of Dementia, so I told my brother that since we both looked after my parents if the Estate was not divided fairly I would contest the Will. Sounds crass I know, and I trusted my brother, but was doubtful of my sister-in-law. Money can make people do terrible things. Most importantly it was some of my mothers and late fathers possessions (small things) that I wanted. Contesting the Will can hold up the release of the Estate for 3 years or more. My brother and I always got along, he thought I got a raw deal anyway, and it went smooth as butter and we divided everything equally. See that lawyer! Good luck Marcy Any person with a vested interest can contest a will. Vested interest is defined as someone who is named as a heir/beneficiary or would have been an heir under the state's intestate laws. The most up-to-date will is the one that is deemed valid. For a will to be valid it has to be made by a person of "sound mind" be witnessed and signed by at least two persons and be properly dated. If the will was indeed signed and dated by witnesses, it will be very difficult to contest. Be prepared for a lengthy and costly process, as contesting a will can be complicated at best and it is usually not possible without retaining a qualified attorney. Which will would take legal precedence would depend upon the findings of the probate court.

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