Father was diagnosed with terminal brain and gastrointestinal cancer
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Father was diagnosed with terminal brain and gastrointestinal cancer
Father was diagnosed 11
months prior to his passing
and changed his will 8
months prior to death can
you legally challenge the
new will due to not being
of sound mind
Asked on July 20, 2018 under Estate Planning, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You'd have to be able to prove by medical evidence (e.g. the testimony of physicians who were examining and treating him) that *at the time* he changed the will, he was in fact mentally incompetent--i.e. did not understand what he was doing. Brain cancer does NOT automatically result in or cause incomptence--some people with brain cancer are competent right until the end; and even if your father did become mentally incompetent at some point, if he was competent when the change was made, the will is valid. So if there is medical evidence of incompetence when the change was made, you may have grounds to contest, but without such evidence, you would not have a viable case.
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.