Should our family challenge my mother-in-law’s Will if she was physically and mentally debilitated at the time?

UPDATED: Oct 29, 2011

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Should our family challenge my mother-in-law’s Will if she was physically and mentally debilitated at the time?

After her death, we discovered that a non-family member, just at the time she was being admitted to hospice (final 3 weeks of life) assisted her in sneaking to an attorney. My MIL signed a new Will with drastic changes, making this person POA. This person and his brother benefitted greatly. He also had her change beneficiary on her retirement funds and other things. We think we not only have a compelling case for a challengebut possibly some other action against this person. We knew nothing of any of this until after her death. Her husband is 84. She was undergoing chemo and there was possible metastasis to the brain.

Asked on October 29, 2011 under Estate Planning, Alabama


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

Answered 11 years ago | Contributor

Oh my goodness.  I am so sorry for your loss and for the problemsthat have ensued. Without being able to review the medical records or speak with doctors, etc., I would say that from the information that you have presented here you have a compelling argument to indeed challenge the Will.  It is absolutely suspicious that someone would change their Will so drastically in the last few weeks of life to appoint a non-family member as a POA (which dies at the death of that for whom they are to act so was she appointed as Executor?) and to leave everything to someone else, especially when there is a Husband still alive.  Please seek legal help asap.  You have not stated where in the proceedings you are here and you need to move quickly.  Good luck.

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