My mother lives on approx 200 acres of land in a home. She has recently informed me that she plans to make the land "a park" after she dies ...

Question

My mother lives on approx 200 acres of land in a home. She has recently informed me that she plans to make the land "a park" after she dies and is keeping me and my brother out of the Will. What can I do NOW to change this? I just need to know what my options are if any... I am not a money thirsty man - I do well for myself... I grew up on this land and my home built the home... I cant seem to get over loosing it and my mother thinking its actually going to be "a park" - I am sure who ever is promising her this will subdivide it...

Answer

Unfortunately, unless your mother is legally incompetent due to dementia or like conditions (or otherwise lacks what is known as "testamentary capacity"), there may not be much that you can do about what gifts she makes in her will. Obviously, you should talk to her about this to see if there may be alternatives, but short of convincing her, she has the same freedom to do whatever she wishes with her private property. If a will is filed in probate court and your lawyer files a timely objection to it, there can be a trial on issues such as testamentary capacity and undue influence, either of which can set aside a will if the jury finds them to be present. I would recommend that you hire an experienced probate lawyer for a private consultation about your options, since there may be things that you can do now to prepare for such a fight in court later on. My comments here are for public educational purposes only and are not legal advice specifically tailored to your specific situation. You should therefore retain a lawyer in order to meet your legal needs, or at least schedule a private consultation with one. I am not your attorney and will not be taking any action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. However, you are welcome to contact my Racine, WI office at 262-633-3090, see me on the web (www.jayknixonlaw) or email me at [email protected]/* */ with further questions. Web forum answers may contain attorney advertising materials.