What to do when your brother changes the will and trust of my dad? He had my dad sign papers while in the hospital recovering from surgery.


My brother took a new will and trust into the hospital with a notary person to have my dad sign. My dad had just had surgery and was having another one on Sept 29th. My brother had my dad sign all the pages on September 28th. The day before the big surgery and 9 days after the first surgery. My dad was in pain, heavily sedated, nose tube and about 10 IVs in him..... Is there anything I can do? He took me completely off the will and trust. I am heartbroken.

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Get documents and a letter from his doctor regarding the pain medication and your dad’s state of mind at the time this was done. Do it quickly. Your brother took advantage of your father’s decrease mental and physical state for his own benefit. You should have some recourse. I am not a lawyer.
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Gather proof, i.e., conformed copies of both wills and trusts. You might want to go to an estate planning or elder law attorney first as they'll be able to find legal flaws, especially if your brother drafted the documents on his own.

Then go to the police with all the data and documentation you can get. If they don't want to get involved, ask the attorney to help you.

Your father was clearly not in a mental state to execute documents. You might also have to get a copy of his medical records; in fact that would be a good idea.

Has your father executed any power of attorney? If it's you, you can order the medical records of the surgery (to reflect the level of anesthetics and type of meds given, post-surgery mental and physical state) on his behalf. If not, you might have to have an attorney order them through a subpoena.

The notary might be either chastised or lose his/her commission if it was obvious that your father wasn't able to understand what he was doing b/c of the anesthetic.
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