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Financial Planning / Inheritance Strategies
|Subject: Re: Aunt changed the will, now what? .||Date: 7/10/2001 1:32 PM|
|Author: gurdison||Number: 3127 of 5745|
<In 1998, his sister (my aunt) brought him, while he was suffering the effects of Parkinison induced dementia, to his long time attorney and had the will changed. Now three of the nieces (her kids) would get 1/3. My sister and I would get $1000. The estate at that time was worth at least $400,000.>
Aren't families wonderful?
To pursue this, you will have to be willing to invest a chunk of your time and money. You would have to have people who provided medical care testify about his medical and mental condition at the time. If you do not know that information yourself, I doubt that it would be provided to you voluntarily.
I think you clearly need to establish a willingness to make this a legal issue. There is probably a strong correlation between how firmly you will stand on the issue and the other sides willingness to compromise. A protracted legal case will cost both sides money. I think the fact that the will was changed to benefit her kids at the expense of you and your sister looks highly suspect, especially since it was done without your knowledge. Still you would have to back that up with facts. Also, if the will is invalidated, was your uncle of sound enough mind in 1992 when he made the previous will?
At this point, I would not worry about any family fractures. Someone who would deliberately take advantage of someone's dementia and screw over other family members is not worthy of being called family. I like to call issues like this "mirror issues". That is if you take the action would you be able to look yourself in the mirror afterwards?
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