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My brother or in law just typed up a will leaving all antique furnishing to them. States After bills paid and review, money left to grandchildren including sister-in-law’s and brothers, which were named. Mom signed. Brother (who has Parkinson) and sister-in-law witnessed. Brother has wrong the date on will, I assume due to Parkinson’s. Will has never been authorized by bank or anyone else.


Is this legal?

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No one authorizes our wills but ourselves. However, there is a reason it states being of sound mind at the very beginning, it is required that she have testamentary capability or she is not able to create a new will.

Does she have an actual diagnosis of mental incapacity?

Also, a POA CAN NOT do anything that enriches them as the fiduciary, it is a violation of their power and illegal.

I have to tell you though, antique furniture doesn't really have much value anymore, unless it is museum pieces. The next generations are into disposable furniture, you know IKEA.
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Onhold1 Sep 2022
I guess what I am questioning is it legal to be the DPOA and be witness to the will. He does have Parkinson’s and date day does not match day of will written and signed by the owner of will and sister in law. DPOA is husband of sister in law. There grandkids are listed in will. I just want the will to be legal. Nothing is written that the owner is of sound mind when she saw fined it. It is typed, but form looks messy.
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Did Mom already have a will? If not, this could be tougher to challenge, but you would have a case to challenge this holographic will no matter what. You'd need to know what Mom's intentions were before this will was made.

Also know that challenging wills is expensive, so decide if you really do want those antiques. They aren't worth anything these days.
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MJ1929 Sep 2022
I'm going to expand on my response --

A handwritten (holographic) will is the least-enforceable one and much easier to challenge. A notarized one prepared by an attorney is the most solid one. This one falls somewhere in the middle, but closer to a holographic one.
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Banks don't authorize wills.
You cannot witness a will that you stand to be beneficiary on in most instances, but a typed and signed will is a legally document if properly witnessed in most states. Will forms can be got right off the internet.
Does your Mom have dementia? Wills cannot be made out by those suffering dementia.
Again, if you suspect elder abuse ask APS to open a case.
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Aassuming your mom is competent, I believe the will is valid. That said, I have heard that if a beneficiary (or their spouse) witnesses a will, the court may void their right to their share of the estate, while the rest of the will remains intact. This may vary by state. Good to check this out in your state.
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Wills require certain provisions, and very specific execution, with the testator/testatrix 's signature being witnessed and notarized. Did this happen?

Comments by others here also address the issue of validity, especially those on self enhancement.
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Your first post was from Aug of 2021. I can't remember if you live far away and if Mom lives with Brother. But I do know this thing with brother has gone on for awhile. I am sure you have been told many times that if Mom is competent she can revoke her sons POA and now make up a new will which will revoke any wills prior.

If you live far away, you need to get where Mom is and get her to a lawyer. The lawyer can ask brother for an accting and have him held responsible for any wrong doing. If Mom is of unsound mind you can get Guardianship. Your brother is going to get away with what he does because nobody is stepping in to protect Mom.
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The will should never be made under undo influence, courts can nullified it, if proven. Mom being of sound mind should make it on her own.
In fact, I don’t even care or have rights to see what my husband put in his will.
However, in Canada, if somebody just makes a will on napkin and as long as signature can be verified it is legal.
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Is your brother diagnosed with dementia or just Parkinson?
Only about 40% of PD develop dementia.
To me it will be immoral and influencing if family is involve. Any will should be strictly personal decision.
Holographic will is valid, yet, could be easily contested.
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Holographic (handwritten) wills are valid, as long as at least two disinterested witnesses prove its authenticity [or the number of disinterested witnesses required by the State].

Sounds like your Mom's Will is not valid since your brother and his wife, who will inherit from the Will, were signed witnesses.

Best to verify this is an Elder Law Attorney.

Curious, why did you feel it was important to mention that your brother has Parkinson's?
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