Call me right away or i can try this chat I need a estate litigation lawyer i have a situation. We have a will that was

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Customer: please call me right away or i can try this chat I need a estate litigation lawyer i have a situation. We have a will that was obtained while the now deceased was under pressure to sign it and he was also in palitive care at the time. He had a legal POA who was not present. We need some information how does this work
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Ontario Canada, Sarnia area
JA: What documents or supporting evidence do you have?
Customer: a power of attorney, is our evidence, then a will that was produced during the time of the POA for financial was incharge of my late brothers finances, We need a Estate litiagation lawyer I need to know if we can go back to the lawyer that set up the will and have him set it aside or if there would be a conflict since we want to name it to be invaild and have it set aside, under the grounds he was a) not of sound mine he was in pallitive care, there is no medical documentation that he was fit to do a will, he was giving Moriphine meds, and my sister who would of been entitled to part of the estate, had a will drafted up and brought a lawyer into pallitive care and had him sign it, without his power of attorny, who is my brother . He was in no condition to do a will, otherwise we would of done it. We did not because he was always to sick and we didin't want to bother him with a will.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She knew how generous he was and she moved in
Answered by Debra in 55 mins 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Ok thx
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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry for you loss and to hear of this difficult situation.

Are you saying when the Will was signed the deceased had already been determined to be mentally incompetent?

Customer
he was on moriphine at the time of the sigining of the will. my sister had the papers drawn up as they discussed his wishes in her sole favour one week eariler when he and her were drinking n and he had a poa in charge of his affairs that was no present.
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Debra, Expert

The fact that someone was not in the room who had been appointed under a POA has no relevance. The POA has nothing to do with the writing of a will. It will all come down to one issue and it is whether your father was mentally competent to sign a new will at that time and if so whether he was unduly pressured.

Your father was unable to understand what a will is for and understand what his assets and obligations are then the will would be an invalid. You would need to retain your own estate litigation lawyer now.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Here is a link to the site:

https://lsrs.lso.ca/lsrs/welcome

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Thx
T
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Debra, Expert

Anytime.

Customer
I do have another question. So when the deceased was dying and my sister was taking care of him (my brother) not my father no kids. She slandered me so bad and he left his entire estate to her. The problembisci purchased the home me and him my name came off due to a bankruptcy and we had an agreement to flip the house. He wanted to stay in the house and he was going to always leave it to me but she squashed that because when he was dying she manipulated him into leaving her everything. He forgot he has a mother and another sibling. He wasn't ok to sign a will. So we are fighting that and I want it to go into testacasy were the estate goes to next of kin. Would that be only my mother or his siblings equally. And would I have a claim for the house based on the fact I can prove I bought it but had to take my name off.
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Debra, Expert

I can answer on a new post.

Please start your new post here:

https://www.justanswer.com/law/expert-debra/

Customer
WHEN AN APPLICATION IS MADE (AFTER A WILL IS SET ASIDE) FOR THE APPOINTMENT FOR THE ESTATE TRUSTEE WITHOUT A WILL. WHO IS THE BENEFICARY WHEN THE DECEASED WAS A BROTHER OF 2 AND NO KIDS. JUST THE NEICES AND NEPHEWS HOWEVER HE DID HAVE A DECEASED SISTER WHO HAD A CHILD, AND A LIVING MOTHER
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