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Was your parent of “sound mind” when they disinherited you? 

On Behalf of | Dec 13, 2024 | Estate Litigation

When your parent originally wrote their estate plan, they included you in the will. You know this because you had discussions with them about what to expect. You believed that you would inherit a portion of their estate, along with your siblings or other beneficiaries.

However, when they passed away, you discovered that you had been disinherited. Your parent had drafted a new will explicitly stating that you should not receive anything. Unfortunately, they did not leave any documentation explaining this decision, so you are unsure what happened.

If you’re considering challenging the estate plan, one potential reason to do so is if you believe your parent was not of sound mind when they made that change. Perhaps the update to the will was made only a week before their passing, and you are concerned that they weren’t in good cognitive health and may not have truly intended to disinherit you.

Alzheimer’s and similar diseases

One important consideration is whether your parent had a condition such as Alzheimer’s. Diseases like this can lead to personality changes, memory loss, irritability and other symptoms. In some cases, a parent may not even recognize family members.

Additionally, conditions like Alzheimer’s or dementia can leave someone vulnerable to undue influence. You may believe that another beneficiary influenced your parent to make changes to the will, taking advantage of their declining mental state to manipulate them into decisions they would not have made if they were of sound mind.

If you find yourself in this position, you may be considering a will challenge. It’s important to understand what legal steps you need to take.