Secured with SHA-256 Encryption
Compare Quotes From Top Companies and Save
My wife was under treatment for bone cancer and had Hypercalcemia which has symptoms of dementia, confusion, personality change and memory loss. My brother-in-law was named the beneficiary right at this same time. I did not learn of this until 2 weeks after my wife’s passing. I think she was coerced or unduly influenced to do the beneficiary change while in a state of mental incompetence. The brother-in-law is attempting to use return of the life proceeds to have me agree to do other things not in the Will regarding certain other assets. He is named executor of my wife’s Will.
Asked on March 22, 2011 under Family Law, Georgia
Answered 13 years ago | Contributor
You need to immediately contact an estate planning attorney to help you challenge this matter in court. Simply indicating the symptoms include dementia and memory loss are sufficient to automatically equate to mental incompetence. You need to present doctor's notes, nurses as witnesses and you need proof that your brother in law is attempting to do things that are not within the intent of the will. At the very least, you might be able to get him removed as the executor due to the breach of his fiduciary responsibility to ensure her last wishes are brough to fruition. At the very most, you may be able to undue the beneficiary designation for it to go back to a previous beneficiary designation (if you) or if no one had ever been named, have it go through probate or the residuary clause of the will.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Secured with SHA-256 Encryption