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re: Lawyers of the OT help please. Who determines if a person is of sound body and mind?

Posted on 8/4/22 at 6:49 pm to
Posted by MintBerry Crunch
Member since Nov 2010
4854 posts
Posted on 8/4/22 at 6:49 pm to
Where are you located
Posted by boosiebadazz
Member since Feb 2008
80257 posts
Posted on 8/4/22 at 6:51 pm to
quote:

I couldn’t care less about the money, I can live with not receiving a penny. It’s the hurt of thinking that after all of the Christmas get together, birthdays and other family gatherings, that meant nothing. The thought of thinking someone loved you to being in the will to being taken out for no reason is like a dagger to the heart.


nah, bro. It’s about the money.

Nothing a court can do will rectify that mamby pampy shite you cite about memories and Christmas.

It’s ok to tell us it’s about the money.
Posted by boosiebadazz
Member since Feb 2008
80257 posts
Posted on 8/4/22 at 6:53 pm to
quote:

The one thing I am concerned about is that in my mind, I feel like I was disowned. It hurts and I just want the peace of mind to know that it wasn’t what was intended. The person that benefits from the money, will then have the burden of knowing what was done was not right and they will have that on their conscience. Once the money is spent, they won’t have anyone to turn to but themselves and realize that without family, there is nothing. The only family that is left is me and my siblings.


The medical records stating dementia and some therapy can give you that. You don’t need a lawyer.
This post was edited on 8/5/22 at 4:32 pm
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27070 posts
Posted on 8/4/22 at 6:54 pm to
quote:

Like I said, I’m not interested in the money. The one thing I am concerned about is that in my mind, I feel like I was disowned. It hurts and I just want the peace of mind to know that it wasn’t what was intended. The person that benefits from the money, will then have the burden of knowing what was done was not right and they will have that on their conscience. Once the money is spent, they won’t have anyone to turn to but themselves and realize that without family, there is nothing. The only family that is left is me and my siblings.


*shrugs*

Then you simply need to make peace with what has occurred, because it sounds like you don't want to take the necessary steps required to have anyone who matters make a determination that you were not, in fact, disinherited by those people while of sound mind.
Posted by shoelessjoe
Member since Jul 2006
9912 posts
Posted on 8/4/22 at 6:55 pm to
quote:

nah, bro. It’s about the money. Nothing a court can do will rectify that mamby pampy shite you cite about memories and Christmas. It’s ok to tell us it’s about the money.

You don’t know me. My aunt tried to give me money. I turned it down. Simply because money can’t cure heartache. Trust me, many on here know you are an a-hole.
Posted by boosiebadazz
Member since Feb 2008
80257 posts
Posted on 8/4/22 at 6:57 pm to
just calling a spade a spade. It’s about the money and that’s ok.
Posted by shoelessjoe
Member since Jul 2006
9912 posts
Posted on 8/4/22 at 7:31 pm to
quote:

just calling a spade a spade. It’s about the money and that’s ok.

Like I said, it doesn’t matter to me.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66554 posts
Posted on 8/4/22 at 7:37 pm to
You would sue for undue influence If someone close edged you out.

I dint Know too much more. Erased most of this from my Mind after I passed the bar.
Posted by TigerIron
Member since Feb 2021
3045 posts
Posted on 8/4/22 at 7:47 pm to
quote:

You don’t know me. My aunt tried to give me money. I turned it down. Simply because money can’t cure heartache. Trust me, many on here know you are an a-hole.


If it's not about the money, then it would be really stupid to try and challenge the will. That would cost you money, and all you would get out of it is money.

Also, when someone says "it's not about the money," it is almost always actually about the money.
Posted by armsdealer
Member since Feb 2016
11506 posts
Posted on 8/4/22 at 7:51 pm to
The coroner can do it but I don't know how you get to that point.
Posted by shoelessjoe
Member since Jul 2006
9912 posts
Posted on 8/4/22 at 7:59 pm to
quote:

If it's not about the money, then it would be really stupid to try and challenge the will. That would cost you money, and all you would get out of it is money. Also, when someone says "it's not about the money," it is almost always actually about the money.

I’m not contesting the will. Have already been offered money from my aunt and turned it down. It’s the idea of being forgotten that’s upsetting. Have In the will that you love us dearly but I’m giving everything to the daughter. But, don’t forget about the deceased son and his three children. At least mention them that they are loved. We went from getting something to not being a gleam in their eyes, just wish I knew why.
Posted by Barrister
Member since Jul 2012
4619 posts
Posted on 8/4/22 at 8:50 pm to
We have these people we call judges. They literally judge whether or not someone is of sound mind and body.
Posted by tigercross
Member since Feb 2008
4918 posts
Posted on 8/4/22 at 8:54 pm to
quote:

The one thing I am concerned about is that in my mind, I feel like I was disowned.


I hate to break it to you, but grandma read your posts on the Poli board and decided you deserved nothing.
Posted by TigerOnTheMountain
Higher Elevation
Member since Oct 2014
41773 posts
Posted on 8/4/22 at 8:59 pm to
Jimmy McGill is an expert at elder law. Give him a call.

505-842-5662
Posted by Gravitiger
Member since Jun 2011
10419 posts
Posted on 8/4/22 at 10:45 pm to
quote:

I’m not contesting the will. Have already been offered money from my aunt and turned it down. It’s the idea of being forgotten that’s upsetting. Have In the will that you love us dearly but I’m giving everything to the daughter. But, don’t forget about the deceased son and his three children. At least mention them that they are loved. We went from getting something to not being a gleam in their eyes, just wish I knew why.
How would a lawyer help with any of that?
Posted by saralsim
Louisiana
Member since Mar 2009
490 posts
Posted on 8/4/22 at 10:53 pm to
Wills aren't meant to address who you love. And actually, beneficiaries for retirement accounts in LA can bear the designation of per stirpes or per capita - which dictates if the beneficiary predeceases, who things flow to. Love isn't shown by inheritance - your words indicate that you think it is. My questions would be, when your father died, did you inherit anything? You are your parent's children. Does your aunt have children? If so were they included in the will? Did you spend time with her for the purpose of her showing her gratitude via her will? Or was your love for her intangible and vice versa? When was her will last updated? Did she ever indicate you would inherit anything? Someone leaving everything to their sole surviving child isn't a case for elder abuse or someone being manipulated.
Posted by Gris Gris
OTIS!NO RULES FOR SAUCES ON STEAK!!
Member since Feb 2008
47383 posts
Posted on 8/5/22 at 11:35 am to
quote:

I’m not contesting the will. Have already been offered money from my aunt and turned it down. It’s the idea of being forgotten that’s upsetting. Have In the will that you love us dearly but I’m giving everything to the daughter. But, don’t forget about the deceased son and his three children. At least mention them that they are loved. We went from getting something to not being a gleam in their eyes, just wish I knew why.


Your initial post indicates you shared special times and holidays with your grandmother during her lifetime. If you felt she loved you, then she did and her will doesn't change that. You know whether she loved you and if the money doesn't matter, then leave it alone. If she decided to leave everything to her surviving daughter, so be it. That doesn't mean she didn't love you or your siblings or that she disowned you. Wills do not typically contain love letters to surviving relatives.

If you believe she was coerced, then you will have to speak with an attorney and move forth with litigation which will be costly and possibly unsuccessful. If you have a relationship with your aunt, litigation will certainly harm that.

This post was edited on 8/5/22 at 6:10 pm
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
43700 posts
Posted on 8/5/22 at 3:26 pm to
This happens a lot man, typically a shrink or doctor will have do this
Posted by Twenty 49
Shreveport
Member since Jun 2014
18769 posts
Posted on 8/5/22 at 4:10 pm to
quote:

There are neurocognitive tests that can be administered. A doctor can examine the patient and write an opinion.


After she’s dead?
Posted by jchamil
Member since Nov 2009
16503 posts
Posted on 8/5/22 at 4:20 pm to
quote:

Have In the will that you love us dearly but I’m giving everything to the daughter. But, don’t forget about the deceased son and his three children. At least mention them that they are loved. We went from getting something to not being a gleam in their eyes, just wish I knew why.


So your aunt who offered you some money is the only beneficiary? You think she was the one who pressured your grandmother to change the Will? Did she offer you a lot less than what your dad would have presumably inherited had he survived?
If you say you don't need the money, maybe your grandmother thought your aunt needed it more and you would be ok on your own.
I'm sorry to see this, I have a grandmother who means the world to me, and my dad passed away 16 years ago, so I'm sensitive to your situation
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