4.21.2010

Contesting Mother's Will----- April 2010

In April of 2010 I attempted to contest Mother's will. Logic being that Mother had always wanted the assets of the marriage to be split equally between the children. 


In May, 2007 Judge McElyea's court stripped mother of all rights when she was placed in guardianship. In April 2007 elizabeth sit with Daddy and disinherited Mother and of course Barbara and I. The logic of elizabeth was that Mother was likely to pass away first and her will gave her half to Daddy. Once Mother died, her will passed to Daddy and elizabeth was set to take all of both. 


When we attempted to have Daddy's will thrown out because of Vascular Dementia we were told too bad, at any given point within 24 hours he could have had clarity of vision to change his will. 


Judge Cynthia Kinser, Adam Kinser's mother pinioned from the bench that intent of the will over shadowed the content. 


Judge McElyea said she didn't care about intent, but was Mother competent at the time of the will? Answer was yes. Please pay Mr. Kinser $450. and have a nice day. 


There was no way out. If she was competent at the time of the will, the will was solid. If she was incompetent at the time of the will it couldn't be successfully contested.