Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

Concerns related to will changes can be addressed before or after death

Via numerous estate planning documents, individuals are able to dictate to whom assets and belongings will pass upon their death. A last will and testament is the foundation of any estate plan and provides the opportunity for an individual to express their wishes and provide details related to their decisions. There are times, however, when the validity of a will may be called into question.

Those who are lucky, live well into their golden years. As individuals age, many experience a range of physical and mental decline. Sadly, individuals who may be experiencing signs and symptoms of declining mental capacity may become the target of unscrupulous individuals who seek to profit from a loved one’s death.

Take for example a scenario in which suspicious changes were made to an elderly woman’s will. The woman's previous will provided instructions that, upon her death, assets were to be equally distributed amongst her children. Recently, however, the children learned that their mother changed her will to name a paid caretaker as the benefactor of her largest account.

Contending their mother suffers from dementia, the children suspect the caretaker used undue influence to coerce their mother into changing her will. In this case, the mother is still alive and it's possible therefore for the children to sit down with her and her attorney to discuss the matter. If she passes before such a meeting can take place, upon her death, the children can contest the will. They would, however, need to prove that their mother "lacked legal capacity" when the change was made.

New York residents, who have similar concerns about a loved one's capacity with regard to changes made to estate planning documents, may choose to seek legal advice. An attorney who handles estate and probate litigation matters can help determine whether evidence exists to warrant moving forward with a lawsuit.

Source: Express-News, "Paid Caretaker should not be receiving inheritance," Paul Premack, March 3, 2014

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Blog Feed


Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map


Call us now for a free, 100% confidential consultation: