Discovering that a loved one’s will doesn’t align with what you understood their wishes to be can be unsettling. If you’re concerned that your mother (or any loved one) wasn’t in her right mind when she created her will, it’s essential to know your options. At Law Offices of Laurie E. Ohall P.A., we specialize in navigating these delicate and complex situations.
Understanding Undue Influence and Incapacity
If you’re worried about the validity of your mother’s will, the legal concepts you’re likely grappling with are undue influence and incapacity:
- Undue influence occurs when an individual is pressured or manipulated into making certain decisions in their will.
- Incapacity refers to a person’s inability to understand the implications of their decisions when making their will due to mental illness, dementia, or other health issues.
Collecting Evidence
If you believe that undue influence or incapacity was at play when your mother made her will, you’ll need to gather evidence to support your claim. This might include:
- Medical records demonstrating your mother’s health condition at the time the will was created.
- Witness statements from individuals who interacted with your mother around the time the will was drafted.
- Any suspicious circumstances surrounding the creation of the will, such as a new friend or caretaker who suddenly started playing a significant role in your mother’s life.
 Initiating a Will Contest
If you have valid concerns and supporting evidence, you may choose to contest the will. This is a legal process in which you challenge the validity of the will in court. It’s essential to note that will contests can be emotionally taxing and lengthy processes, so it’s crucial to consult with an attorney to understand what’s involved.
The Role of a Brandon Elder Law Attorney
An experienced Brandon elder law attorney can guide you through this process. They can help assess the validity of your concerns, assist in gathering evidence, and represent your interests if you decide to proceed with a will contest.
Getting Help
If you’re worried about the circumstances under which your mother or loved one created their will, don’t navigate this challenging situation alone. Contact Law Offices of Laurie E. Ohall P.A. today at (813) 438-8503 for a consultation. We’re here to provide the guidance and support you need during this difficult time. Your peace of mind and the protection of your loved one’s legacy are our priorities.