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 Posted: Fri Aug 07, 2009 10:39 pm Post subject: The ex-wife produced a will |
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| My father passed recently and his ex-wife came back into the picture 8 months before his death. The ex-wife produced a will which named her as beneficiary of his estate. Can his children contest the will? |
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jtpitts2
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| Posted: Sat Aug 08, 2009 2:10 am Post subject: |
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They can absolutely try to contest the will, anybody is allowed to use the court system for virtually anything. However, it will probably be a lesson in futility. As long as he was mentally competent when he signed the will, it is indicative of his wishes and it will be enforced.
Now if she was forcing him or he was mentally not capable of making such changes, then that's a different story. |
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ChrisBantly
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| Posted: Sat Aug 08, 2009 3:49 pm Post subject: |
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| Quote: | | My father passed recently and his ex-wife came back into the picture 8 months before his death. |
How convenient..  I would certainly lawyer up and try...good luck.
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun Aug 09, 2009 1:21 am Post subject: |
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| Quote: | | Now if she was forcing him or he was mentally not capable of making such changes, then that's a different story. |
CHRIS...I'm in a 'situation', like this, concerning a 'Client' of mine. I've worked with this 'Client' for a long time. I KNOW she just isn't 'mentally' capable of making any kind of decisions, reguarding matters like these. However......her Doctor says she is. What our agency is trying to do is give her 'decisions' to her caseworker (MHMR). Without the 'consent' of the Doctor, our hands are 'tied'. Any suggestions? |
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sdchargersfan
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| Posted: Sun Aug 09, 2009 5:06 pm Post subject: |
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Well...if her doctor says she is mentally competent, there is not much you can do from that angle. Other than sharing concerns with the doctor about why you believe she is not mentally capable of making decisions.
Now if she is mentally competent, but is being coerced...there may be more of an opportunity for her caseworker to investigate.
Unfortunately, situations like this happen constantly and there sometimes is little that can be done! |
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ChrisBantly
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| Posted: Mon Aug 10, 2009 11:24 am Post subject: insurance |
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| CHRIS...it's frustrating because I KNOW my 'Client' can't really make 'sound' decisions. However....she DOES have a husband who knows of this fact, as well...in a 'negative' way, I mean. The spouse REALLY takes advantage of the situation....I'll tell ya!! When my 'Client' says she's 'at the pont where she wants to take care of/change this or that" she backs out at the last minute. Why?.....because her spouse tells her "he knows what's best for her" (yeah..right). The spouse neglects her and just uses her for the little money she DOES have coming in every month. I've even caught ehr spouse lying to her on several occasions. The entire situation is difficult. Thanks for the advice. |
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sdchargersfan
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