Legal Question in Elder Law in Kansas

Wills & Trusts

My father, who has since passed away, left a detailed will and trust. Subsequently, the executor, my brother, has drawn up two new wills, to his apparent advantage, and gotten my mother, who suffers from dementia, to sign them. I would like to know if the two subsequent wills can over-ride the terms of the original will and trust.


Asked on 7/07/09, 6:22 pm

3 Answers from Attorneys

Kai Wessels Kai H. Wessels

Re: Wills & Trusts

What you can do is all dependent upon the trust language. Usually your father's wishes cannot be overridden by subsequent actions by your mother or brother. But there are so many exceptions that you need to see an attorney to get an accurate answer. You have also mentioned facts that could rise to the level of elder abuse. Again, you must see an attorney in order to properly evaluate this potential course of action.

If I can be of further assistance, please do not hesitate to contact me. Good luck.

Sincerely,

Kai H. Wessels, Esq.

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Answered on 7/07/09, 6:39 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Wills & Trusts

I dont think you can change a will after the person dies. You should hire an attorney.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 7/07/09, 7:02 pm
Terry A. Nelson Nelson & Lawless

Re: Wills & Trusts

A formal contest can be filed in the Probate Court, and the truth will prevail, hopefully. If this is in the SoCal courts, feel free to contact me if you're serious about pursuing this.

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Answered on 7/07/09, 7:15 pm


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