My dad is 88, on-set dementia/Alzheimer's and has a part-time caregiver in an independent living community. His 2nd wife has a long history of stealing money ($250K and 6 lawsuits) as has her family. As my dad's caregiver states, "she's a piece of work" and "he's being manipulated". We have suspected this for years but now it's confirmed. Wife refuses to give him the meds his doctor prescribes says she knows better (he's had 2 hospital stays because of it). Wife told my dad she needs more of his estate and is getting him to change his will to cut his family out. She has plenty of money (or did until she bought her daughter a house) and dad has already left her a substantial amount (more than she'll use in her lifetime).What recourse do we have to stop her from manipulating him into changing his will when he doesn't understand what's going on? She also keeps telling us that they don't have much money (Dad had lots of money 2 years ago). Caregiver said she's not giving him near enough food and he's lost some weight. She now takeshim to the dining room so he can get a substantial breakfast. Dad's wife HATES us and she's inserting her toxic drama into our family making it hard for us to visit him (she also monitors his phone). Dad says he's confused and doesn't know what's going on and she's manipulating him. HELP!
If your Step-mother gets a blank Will off of the internet, hopefully the Notary will notice that your Dad is unable to understand what is going on, and refuse to Notarize said legal document.
See an attorney. This may come to a guardianship fight. Meanwhile keep any evidence you have, time to gather what can be proven including withholding medications. As she is the WIFE she has her foot in the door and you may not win a guardianship battle, but you also may with her history. If you win the court costs will be paid by Dad's finances, and if you lose YOU will pay the costs; so know that you can afford this.
See an attorney for advice with ALL the evidence you have.
Best to talk with a CELA attorney but I think that you can provide enough documentation to prevent her doing more harm. I'd suggest the family go for guardian and conservatorship although a costly process. This would bring in her neglect and her past crimes.
Act now.
The bar for 'testamentary capacity' in altering a Will is quite low and some sleazy attorneys will do most anything for the money and may wrongfully change a Will, even knowing it is wrong to do so.
You may wish to 'chum the waters' by calling around to every estate attorney in your local area (they are in high demand) or better yet, use their online contact to send a letter that you can copy and paste, informing of the situation and what you suspect may happen. That way, any firm locally would be unable to take her case due to conflict (they would already have info that would prejudice them against her efforts). This endeavor would be huge and only worth it if in a smaller city.
Best to call a CELA attorney and present the neglect data, his cognitive status and her past crimes. You can also get some private time with dad and film him with a smart phone talking about huis Will, ask him about who he wants his bounty to go to and whether he wants to change his current Will to favor only her. The filming will tell all about his mental status and his wishes.
I hope your family succeeds in prevailing over this predatory 2nd wife.
Best to you.
I can't find where my PM are located.