I had signed a document to put my sisters name on my mothers house deed to protect the house from medicare? my mother dies a few weeks later...

Question

I had signed a document to put my sisters name on my mothers house deed to protect the house from medicare? my mother dies a few weeks later but the lawyer didn't put the document thru. I think my sister got ahold of the document. Can I still contest the will? my mother had dementia at the time of the will writing.

Answer

You can object to the Will as being invalid due to your mother's competency at the time but you will need a good faith belief and medical support for your claim.

Answer

The will could be challenged on two separate bases: first, that your mother lacked sufficient capacity; and second, that she was the subject of undue influence by your sister. There are deadlines and burdens of proof involved; these are detailed in blog postings on my web site, www.lawfang.com.