My name was on the will to get the house. The will was changed and the house sold. What can I do?
My name was on the will to get the house. The will was changed and the house sold. What can I do?
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Under probate and elder law principles—recognized in most U.S. states—if your father was diagnosed with dementia and deemed by a physician to lack legal capacity to sign documents, any changes he made to his will or powers of attorney after that point may be considered invalid due to lack of testamentary capacity or undue influence.
Testamentary capacity requires that the person making or changing a will understands the nature of the act, the extent of their assets, and the natural objects of their bounty (such as their children). If your father was unable to comprehend these elements due to his mental state, the revised will and subsequent transfer of the house could potentially be challenged in probate court.
Additionally, if your brother or others exerted undue influence over your father while he was vulnerable, courts may find those actions legally improper and reverse transactions made under such influence.
Given these circumstances, your legal remedy would likely be to file a petition in probate court to contest the validity of the revised will or any transfer of assets made during the period when your father lacked capacity.
Most states allow will contests on the grounds of incapacity or undue influence, and in some jurisdictions, you may also be able to pursue claims of elder financial abuse if someone exploited your father’s condition to gain control of his assets.
If the home was sold to a third party who purchased it without knowledge of the capacity issue, recovery may be more complex—but not necessarily impossible—depending on the timing of the transaction and the involvement of the parties.
You should act promptly, as there are often strict deadlines (statutes of limitations) for contesting a will or asset transfer.
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My name was on the will to get the house. The will was changed and the house sold. What can I do?
Lexi, Chatbot
I understand this must be a difficult situation for you. Can you please clarify if you were originally named in the will to inherit the house?
Yes. Will was changed after Dad got dementia. Doctor told him he could not sign anything, but he somehow took my sister off state authority and gave the house to my brother—and he sold it.
Lexi, Chatbot
Have you consulted with a lawyer regarding this matter yet?
No.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your inheritance issue.
Yes.
My name was on the will to get the house. The will was changed and the house sold. What can I do?
Good afternoon and welcome to AskALawyer. Please give me a moment to review your question. I will try to give some thoughts.
My name was on the will to get the house. The will was changed and the house sold. What can I do?
Under probate and elder law principles—recognized in most U.S. states—if your father was diagnosed with dementia and deemed by a physician to lack legal capacity to sign documents, any changes he made to his will or powers of attorney after that point may be considered invalid due to lack of testamentary capacity or undue influence.
Testamentary capacity requires that the person making or changing a will understands the nature of the act, the extent of their assets, and the natural objects of their bounty (such as their children). If your father was unable to comprehend these elements due to his mental state, the revised will and subsequent transfer of the house could potentially be challenged in probate court.
Additionally, if your brother or others exerted undue influence over your father while he was vulnerable, courts may find those actions legally improper and reverse transactions made under such influence.
Given these circumstances, your legal remedy would likely be to file a petition in probate court to contest the validity of the revised will or any transfer of assets made during the period when your father lacked capacity.
Most states allow will contests on the grounds of incapacity or undue influence, and in some jurisdictions, you may also be able to pursue claims of elder financial abuse if someone exploited your father’s condition to gain control of his assets.
If the home was sold to a third party who purchased it without knowledge of the capacity issue, recovery may be more complex—but not necessarily impossible—depending on the timing of the transaction and the involvement of the parties.
You should act promptly, as there are often strict deadlines (statutes of limitations) for contesting a will or asset transfer.
My name was on the will to get the house. The will was changed and the house sold. What can I do?
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