Is thid committing fraud?
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Is thid committing fraud?
Mom was diagnosed with Alzheimer’s while
under my care. My sister POA moved her
out of state, changed legal documents,
rewrote the Will and then had Mom
diagnosed. Did she committ fraud by
doing thid? It has recently come to my
attention dince Mom passed away that she
hsf me disinherited when she coerced Mom
into rewritting the Will.
Asked on June 23, 2019 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
There are several possible grounds for challenging this will:
1) Lack of mental capacity: if you can show that you mother was not in fact mentally competent when she signed the will, you can have the will invalidated.
2) Coercion or duress, if she used threats to make your mother sign.
3) Undue influence if even though your sister may not have made threats per se, your mother (moved out of state and presumably without anyone around to care for her or help her but your sister) was so dependent on your sister at the time that she could not resist her instructions to sign a new will.
Assuming that there was any appreciable amount of money or assets (e.g. property or real estate) in your mother's estate when she passed, it would be worthwhile to discuss the situation and your options with a probate attorney.
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