My brother or in law just typed up a will leaving all antique furnishing to them. States After bills paid and review, money left to grandchildren including sister-in-law’s and brothers, which were named. Mom signed. Brother (who has Parkinson) and sister-in-law witnessed. Brother has wrong the date on will, I assume due to Parkinson’s. Will has never been authorized by bank or anyone else.
Is this legal?
Does she have an actual diagnosis of mental incapacity?
Also, a POA CAN NOT do anything that enriches them as the fiduciary, it is a violation of their power and illegal.
I have to tell you though, antique furniture doesn't really have much value anymore, unless it is museum pieces. The next generations are into disposable furniture, you know IKEA.
If you live far away, you need to get where Mom is and get her to a lawyer. The lawyer can ask brother for an accting and have him held responsible for any wrong doing. If Mom is of unsound mind you can get Guardianship. Your brother is going to get away with what he does because nobody is stepping in to protect Mom.
You cannot witness a will that you stand to be beneficiary on in most instances, but a typed and signed will is a legally document if properly witnessed in most states. Will forms can be got right off the internet.
Does your Mom have dementia? Wills cannot be made out by those suffering dementia.
Again, if you suspect elder abuse ask APS to open a case.
Comments by others here also address the issue of validity, especially those on self enhancement.
Also know that challenging wills is expensive, so decide if you really do want those antiques. They aren't worth anything these days.
A handwritten (holographic) will is the least-enforceable one and much easier to challenge. A notarized one prepared by an attorney is the most solid one. This one falls somewhere in the middle, but closer to a holographic one.
In fact, I don’t even care or have rights to see what my husband put in his will.
However, in Canada, if somebody just makes a will on napkin and as long as signature can be verified it is legal.
Only about 40% of PD develop dementia.
To me it will be immoral and influencing if family is involve. Any will should be strictly personal decision.
Holographic will is valid, yet, could be easily contested.
Sounds like your Mom's Will is not valid since your brother and his wife, who will inherit from the Will, were signed witnesses.
Best to verify this is an Elder Law Attorney.
Curious, why did you feel it was important to mention that your brother has Parkinson's?