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I suspect that while my mother was in her final days while on heavy medication a new will was drawn and signed under duress.

Additional Information:

How can I obtain information from the probate officer about whats going on. I live in Florida and my mother died in California. I found out that these people that brought in a new will changed the assets from my mother prior to her death. What options do I have?

ATTORNEY ANSWER:

Sorry for your loss. Even though you are a resident of Florida, I assume your mother was a resident of California at the time of her death. If so, California law controls. You should contact California counsel to see how you can proceed with (a) claim(s) to challenge the validity of your mother’s will and any near death asset transfers and/or change of beneficiary designations. Mental incapacity may be the proper claim. However, a claim of duress (undue influence) also may be applicable. You should be able to obtain a copy of the will through the applicable probate court. Through the discovery process of a respective lawsuit, you should be able to obtain copies of your mother’s medical records. You will then be able to compare the dates of the will, asset transfers, and change of beneficiary designations to the medical records. If the medical records indicate that your mother was mentally incapacitated prior to the date she executed the will or made any asset transfers or change of beneficiary designations, you should have a case. A claim of duress (undue influence) may be more difficult to prove.

The Beliveau Law Group: Massachusetts | Florida | New Hampshire

The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state), and civil litigation (in connection with these practice areas). The law firm has offices and attorneys in Naples, Florida, Waltham, Massachusetts, and Salem, New Hampshire.

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