Legal Question in Elder Law in Colorado

mothers will

My parents made a will years ago, my father is deceased, leaving my mom. She has Alzheimers and has had 2 brain surgeries. I have taken sole care of her for 10 years, with no help from my only sister. My mom now would like to cut her out of the will, we need to know if that is possible. She has her good days and her bad days, remembering some things. Thank you!

Asked on 7/27/07, 11:03 am

1 Answer from Attorneys

Marco Chayet Chayet, Dawson & Danzo, LLC

Re: mothers will

Thi s is a very tricky area given that your mom is suffering from diminshed capacity. A lawyer will be needed to determine if she has testamentary capacity and you might also need a doctor to certify that. It is likely that your mother is not able to change her estate plan based on your description. There may be a way to change her estate plan through a conservatorship. Call me or e-mail me if you want further details.

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Answered on 7/27/07, 11:17 am

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