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caroljane75 Asked January 2018

Help! I want to contest the changes to Dad's will and my brother as POA.

My dad with dementia leaves my care and goes to visit siblings in another state. I get an urgent call from family telling me to run to Florida the will is being changed behind closed door and there has been talk amongst the POA and my brother to take me out of the Will. My brother calls me tells me I am a pig and says he is changing things and then hangs up. I do not even know what he is doing. I do know that my dad was clear on what he wanted to do in his will before he left. My neighbors are concerned about my dad. They tell me he has confusion and needed more care than I could provide. Also the recent changes to his will made on his own were now just changed by my brother. One of those changes was because the financial instiution that had his money no longer wanted him as a client. The secretary whispered to us that changes have been made in the company and anyone suspected of Dementia cannot trade because of legal ramifications. We go to a new company and set up the bank acct. with me as executive of the estate if anything happens to him. My brother took apart that account and put the money somewhere else. I do not even know if my name is written as co owner on the acct. I want to contest the changes and him as POA.

jjariz Jan 2018
hire an attorney

igloo572 Jan 2018
So dad is living in another state - FL - right?
If so you imho will need an estate law atty who does litigation with FL license.

There could be one who holds licenses in your state & in FL as well. You should b able to Google this match up. I’d call those names and ask if they do litigation. If so you have the winner!

But if not, I’d ask the FA who they deal with for elder law atty. A good FA that’s with a wire house will have a list of Atty’s that they work with. Call these and see if they can bridge whatever legal needed for you and a law firm they work with in FL. Firms do stuff like this all the time.

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HolidayEnd Jan 2018
You’re going to have to hire a elder care lawyer or one who is experienced in wills, estates, etc. Look online and find an office and talk to the secretary, tell her the situation and if the lawyer handles things like this make an appointment for a consultation. Soon! Now! If he can help give him a retainer.

I do believe if what you suspect happened your relatives are committing a big crime.

People with dementia cannot alter the last will they wrote before they became impaired.

Countrymouse Jan 2018
Anyone *confirmed* as having dementia to the point of not being of sound mind cannot enter into any sort of contract (let alone trade in the financial markets), cannot create a new power of attorney or amend a Durable POA, and cannot change his will.

What care, exactly, were you providing for your father?
What care is now planned for your father?
Has your father's mental state been formally assessed? When?

It alarms me that your neighbours were telling you that your father was confused and needed better care than you could provide. How come they could see this and you couldn't? Where were you? And where now is your concern for your father's physical and mental wellbeing?

Your focus seems to be on fighting your brother for control of your father's money. It's a bit depressing.

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