Legal Question in Wills and Trusts in New Jersey
executrix /benificiary recent new will changes
Can a New Jersey attorney, who is a family member and beneficiary and created the original will document, create a new will and have his parents sign while both were heavily sedated and under hospice care, and have another family member (also a beneficiary) attest the signing? Several deviations from recent copies of the previous wills are present in the new document.
3 Answers from Attorneys
Re: executrix /benificiary recent new will changes
Are you concerned your interests are not being protected or someone else's?
Re: executrix /benificiary recent new will changes
When people sign wills and other documents while heavily sedated it raises serious questions about whether or not they had mental capacity to act, and/or whether or not they were unduly influenced by others who presented those documents for signature.
Re: executrix /benificiary recent new will changes
I agree with Miriam that the ability and capacity of the people signing the Wills is questionable. Anyone effected may contest this, on these grounds. Of course, if the changes are only minor, and no one in the original Wills are effected negatively, no contest may arise. To be safe, if this is necessary, I would suggest that a regular treating physician be there to verify capacity and, possibly, to act as a witness, so medical testimony can be obtained in the event of a contest. If the people are incapacitated, the attorney is acting improperly.
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