Baby Age Ticker

Thursday, June 11, 2009

The wheels are in motion

The appointment with the lawyer today went very well. This type of thing is quite common, which is pretty sad. The lawyer is working under the assumption that my uncle will dispute this when it all comes out and says my uncle has 2 possible grounds for dispute: 1) that Oma has been diagnosed with dementia, so she didn't know what she was doing and 2) that my mom provided "undue" influence to try to get Oma to change her will. So, to protect Oma and her wishes, the lawyer wants to make sure that both of those claims could be proved false. Oma will need to get a capacity assessment done asap to determine whether she is still able to make decisions. She has been seeing a gerontologist, so mom called her office this afternoon and they may have enough info from the tests they have done thus far to provide a capacity assessment. Otherwise, Oma will need further testing... we will find this out by early next week.

As for the possible claim that my mom had undue influence, for Oma's next appointment with the lawyer, one of Oma's friends whom she trusts is going to take her so that my mom is completely not involved and it will just be Oma and the lawyer in the room and the lawyer will ask her all sorts of questions to make sure this is what she wants and that she has not been threatened in any way to make these changes.

We suspect he will take legal action to dispute the will when the time comes, which is why we are doing everything to make sure that won't go anywhere.

So, hopefully in a couple weeks, this will all be resolved and we can put this behind us for now and enjoy the summer at the cottage. We are not going to tell my uncle about the changes to the will at this point because he will be furious and lay a huge guilt trip on Oma and badger her until she gives in and basically make whatever time she has left a living hell. Which is totally what we don't want. We want to make this time of her life as happy and as care-free as possible.

In the meantime, I think Oma will have to write a letter to the renters and let them know that no matter what my uncle says, the cottage is only available for the 1 week, as we indicated earlier. That was our compromise... Oma didn't want to rent it at all this summer, but she does feel badly for them and that they are being told 2 different things and were looking forward to the holiday. So, we have offered them 1 week as a good will gesture, but that's it. The fact that my uncle keeps calling them after Oma talked to them and tells them not to listen what Oma says is not right.

2 comments:

lj said...

Maybe have the lawyer write the letter on Oma's behalf? Might be better legal wise.

It sucks that you are all having to go through this :(

BrightDolphin said...

I'm glad you guys have some sort of plan in place. That will help. I'm sorry that your family will likely never have the same relationship. :(