How does one go about proving the deceased was not of sound mind?
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How does one go about proving the deceased was not of sound mind?
My mother changed her Will 2 years ago. My brother and I were left out of the Will contrary to my father’s wishes; he passed first. My mother was in the beginning stages of Alzheimer’s and
dementia. We believe my mother was coerced by my sister. My mother left everything to my sisters 6 sons and nothing to my son and daughter, nor my brother’s 2 sons. My sister is
executor. My brother and I refused to sign off and we got served to go to court on this matter next month.
Asked on June 21, 2016 under Estate Planning, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If there was a medical exam or exams of her at that time, and/or she was under the care of an being monitored by a doctor at that time, and the test results and/or doctor's testimony will show that she was mentally incompetent then, you may be able to successfully challenge the will on this basis. However, since mental competency is based on a medical determination, without some medical evidence or testimony from that time period, you are very unlikely to be able to establish that she was not mentally competent.
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