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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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A few years ago, my mother changed her will so that her estate

Resolved Question:

A few years ago, my mother changed her will so that her estate would be split three ways, between my sister, brother and myself, but that the property where my brother and I live could continue to be lived in during our lifetime. My mother is still alive but has dementia so is incapable of making another will, and my brother and I have fallen out and I don't wish to live with him when my mother dies. However, I fear that the will locks us into keeping on the house when I no longer want to live here. Is there any way out of this. I don't want to lose my inheritance but I don't want to carry on living in the same house as my brother, either. Could you please advise? Thanks.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name isXXXXX can assist with this.

tdlawyer :

Although your mother has dementia, does she retain her mental faculties to the extent that she knows (sometimes) what she is doing still?

Customer:

Her memory is very poor and is increasingly confused, so is not really able to make an informed decision.

tdlawyer :

Okay, the reason I asked is that dementia doesn't always deter an ability to make decisions at all times, although it is a degenerative condition.

tdlawyer :

Additionally, the Courts upheld, only last year, the right of a person with demential to make their own will still. Which is important in a situation like yours, if the will can be legitimally varied. However, the person concernd had dementia but retained the ability to make decisions, it was more a case of forgetting things in that instance.

Customer:

She is unable to make any meaningful decisions and I don't think she would consider changing her will even if she was capable of doing so, as she still cares for my brother, and obviously doesn't want to see him disadvantaged by a change in the will.

tdlawyer :

Okay. Then in reality, I am afraid you're stuck with what you have in the will that she has created. A person can leave their property as the choose ultimately.

tdlawyer :

There are limited exceptions to that, such as where one child is dependent upon the person making the will and indequate provision is made.

tdlawyer :

But I'm not sure that type of thing covers you?

Customer:

That is what I was afraid of. Okay, thanks.

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