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

Posted on 8/4/22 at 5:11 pm
Posted by shoelessjoe
Member since Jul 2006
9912 posts
Posted on 8/4/22 at 5:11 pm
Is it a doctor that can declare for a will or is it someone else? Finding out that some shady shite was done.
Posted by texn
Pronouns: Y'All/Y'All's
Member since Nov 2019
3505 posts
Posted on 8/4/22 at 5:16 pm to
Post pics of wife and we will determine if she is of sound body
Posted by iwantacooler
Member since Aug 2017
2177 posts
Posted on 8/4/22 at 5:17 pm to
quote:

wife
We know she is not of sound mind.
Posted by shoelessjoe
Member since Jul 2006
9912 posts
Posted on 8/4/22 at 5:18 pm to
My grandmother passed and had dementia and I suspect she was coaxed into changing her will. My father has passed and I feel like I was disowned.
Posted by Jake88
Member since Apr 2005
68279 posts
Posted on 8/4/22 at 5:19 pm to
If contested, a court decides based upon testimony from mental health professionals.
This post was edited on 8/4/22 at 5:21 pm
Posted by Proximo
Member since Aug 2011
15554 posts
Posted on 8/4/22 at 5:21 pm to
You really need to consult with one in person for this type of thing
Posted by CuyahogaTigerJr
Northeast ohio
Member since Aug 2018
2186 posts
Posted on 8/4/22 at 5:21 pm to
Stop it
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14796 posts
Posted on 8/4/22 at 5:23 pm to
I’m sure her creepy porcelain doll collection and Tupperware inventory will make it into the correct hands. Sorry for your loss.
Posted by keakar
Member since Jan 2017
30031 posts
Posted on 8/4/22 at 5:28 pm to
quote:

My grandmother passed and had dementia and I suspect she was coaxed into changing her will. My father has passed and I feel like I was disowned.


thats not an easy fix at this point. you would need to somehow prove they absolutely didnt want to disown you, like in writing or verified by a witness hearing them specifically saying it, and you have to show they were taken advantage of, or manipulated into disowning you.

it goes down a long hard road, to try and prove a negative, but if you fight long enough, they may settle with you.

at this point, with both of them dead and now you are trying to dispute it, you are trying to put the horse back into the barn, after the barn has already burned down. you dont need advice from here, you need a very good inheritance law lawyer and see where you stand if you even have any hopes this far down the road
This post was edited on 8/4/22 at 5:46 pm
Posted by Odysseus32
Member since Dec 2009
7320 posts
Posted on 8/4/22 at 5:29 pm to
Me
Posted by geauxpurple
New Orleans
Member since Jul 2014
12365 posts
Posted on 8/4/22 at 5:31 pm to
A judge based upon the medical evidence.
Posted by LRB1967
Tennessee
Member since Dec 2020
15630 posts
Posted on 8/4/22 at 5:37 pm to
Do you have statements from doctors? We had to have a letter from a geriatric psychiatrist to do a legal conservatorship for my grandfather.
Posted by beachdude
FL
Member since Nov 2008
5645 posts
Posted on 8/4/22 at 5:40 pm to
The judge.
Posted by Water
Louisiana
Member since Jan 2020
735 posts
Posted on 8/4/22 at 5:41 pm to
Pics
Posted by BeachDude022
Premium Elite Platinum TD Member
Member since Dec 2006
34822 posts
Posted on 8/4/22 at 5:44 pm to
What state are you in? If in Texas, I know a great lawyer for you.
Posted by shoelessjoe
Member since Jul 2006
9912 posts
Posted on 8/4/22 at 5:51 pm to
My grandmother was diagnosed with dementia, by a doctor. I am in the process of finding out if it was before the will was changed. 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.
Posted by shoelessjoe
Member since Jul 2006
9912 posts
Posted on 8/4/22 at 6:36 pm to
quote:

What state are you in? If in Texas, I know a great lawyer for you.

Louisiana
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27071 posts
Posted on 8/4/22 at 6:39 pm to
Hire a good estate attorney, now. You have a very steep uphill climb ahead of you, and it only gets steeper the more time you let pass.
Posted by makersmark1
earth
Member since Oct 2011
15867 posts
Posted on 8/4/22 at 6:39 pm to
There are neurocognitive tests that can be administered.

A doctor can examine the patient and write an opinion.

Posted by shoelessjoe
Member since Jul 2006
9912 posts
Posted on 8/4/22 at 6:48 pm to
quote:

Hire a good estate attorney, now. You have a very steep uphill climb ahead of you, and it only gets steeper the more time you let pass.

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.
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