If my grandmother has a medical condition showing that she isn’t of a able mind, can her Will be manipulated?

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If my grandmother has a medical condition showing that she isn’t of a able mind, can her Will be manipulated?

My grandfather just passed away and left a Will to be separated 3 equal ways between his 3 daughters. My grandmother is alive but has dementia. My mother and I feel as though my aunt is trying to sway my grandmother to exclude my mother from the Will.

Asked on December 30, 2011 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I think that I need to make some things clear here because I am a little confused about the matter.  I think that your Grandfather's Will left everything to your grandmother and then after she passes it is to be divided equally amongst the three daughters, correct? And now your Aunt is trying to manipulate your grand mother to exclude your Mother.  If your grandmother has dementia then it is said that she is not "of sound mind" and if your aunt had her execute a new Will to exclude your Mother you could have the Will set aside for undue influence or a whole host of other reasons.  Now, if the situation is as you say I would not wait for that to happen.  I would tel your Mother to go and become appointed as the conservator or guardian of your Grandmother and her estate to protect her from anyone trying to manipulate her.  Also, take her to the doctor and have her the diagnoses of dementia documented.  Gt help.  Good luck.


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