Can a sibling who was specifically written out of my Mom's Will (she was of sound mind) sue to get her share regardless?

A sibling changing a mother's will (who has dementia)

I was wondering my mother has dementia and my brother has come back in the picture (he recently left after he tried to take my mom's house put it in his name and didn't get a chance I stopped him but I wasn't able to stop him from cleaning her bank account out) Now as mentioned he has moved his way back into her life and again back to his old ways. I have power attourney (which I had been given back after he took it) and the will is back to where she has had it for over 50 years (everyone equally) (before he had me written out). If he gets her to change her will again, write me out of it, do I have legal rights to part of the estate like she had in the will previously. Or if he gets her to put the house in his name , (does it this time if I cant stopped it again) mean that I lose my share of it because its now his.

Thanks for your thoughts. I think seeing a lawyer is good advice. The will is what it is at this point, as it cannot be changed. My mom was dx with Alzheimer's 3 years ago. However, being prepared for whatever my sister does is important, and what rights she might have. I will most likely send her some money when my mom passes.

Hate spell check, should read "probate attorney" NOT "private attorney"!

You should have your private attorney review the will to see if there could be issues once they die. Some states have it difficult to exclude a child without something in the will being named to them as if it's done the excluded could bring up that influence of others did the will. Like until just recently for LA law all heirs -even illegitimate-needed to be acknowledged in some way.

So usually they are left something small physical (family bible sort of thing) or small amt of money ($100). And in the will or codicil, it states something like "if anyone should contest this document, those that contest are to get $1.00". It's basically sending a warning to ex spouses, kids from earlier marriages, old business partners, etc. that the deceased anticipated that they would fight the will and prepared for this.

If there is any real $$$ in the estate, it will likely be worth it for the forgotten sibling to contest the will. Even if they do it for spite, as the assets of the estate get spent on dealing with this. and that could be what the forgotten wants.

What does the will say? I've heard that if a child is to be disinherited, then a lawyer will probably suggest care in wording the will, may even want to videotape the parent making the will, and may provide that if the will is contested then the contesting party will receive nothing. I understand that if a person who would normally expect to inherit, like a child, is to be excluded, then it is wise to consult a lawyer rather than "do it yourself".

If a parent, who is of sound mind, intentionally leaves a child out of a Will, there isn't much that child can do. Your sister could try to sue, but I would think it would be a wasted effort on her part, especially since she has been estranged from the family for a number of years.

I would think disinheriting a grown child from a Will could have major consequences such as that child could re-enter the family group and be a tremendous help to his/her aging parents in their later years... but said parents cannot re-write the Will to include that grown child because of later stages of Alzheimer's/Dementia. Thus, that grown child receives zero unless the other siblings share their inheritance. Or if that grown child is an only child, receive nothing. To play it safe the Will should have been written to include that grown child if certain measures had been reached. Just food for thought.