My mother made a will and living trust out 5 years ago. There are two sons and she chose to live everything to 4 grandchildren. I am ok with that, my brother didnt like it. My mothers mental faculties are starting to fail. One month ago my brother took her and had a new will made out and left everything to him. She doesnt remember doing it and started to me thats not what she wants. It is apparent she will agree to anything as long as you word it right. My question is how do I ressolve the new will to put it back to where it was when she was in right mind?
Answer
You should sit down with an estate planning attorney to review the situation. I have dealt with many will contests that are a result of situations such as this. It will be much better for the family to get the issue resolved now. Everything will be based on the capacity of your mother.
Please be sure to seek the assistance of an estate planning attorney, not someone who just does planning from time to time.
Good luck to you.
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