2 replies to this topic

[VACivilSuit]

My mother was declared incapacitated by my siblings who had themselves appointed as guardians/conservators. This was done while I was hospitalized. There is a review of their appointment coming up in March.

Do I have to file a Motion to Intervene to present any testimony or evidence at that hearing?

Do I have to file a Motion to Intervene to file anything with the court regarding this matter?

What is the format for a Motion to Intervene and where can I get it?

I am currently my mother's sole beneficiary and siblings are trying to invalidate the will as part of their conservatorship.

[pg1067]

My mother was declared incapacitated by my siblings who had themselves appointed as guardians/conservators.

That your siblings declared her to be "incapacitated" is largely irrelevant. That the court appointed them as guardians/conservators means the court must have found that she was either incompetent or unable to care for herself in some way.

I am currently my mother's sole beneficiary and siblings are trying to invalidate the will as part of their conservatorship.

That you might be named as a beneficiary in your mother's will is meaningless as long as she is alive because any will is meaningless while the person who made it is alive. As a result, it is, as far as I know, impossible to seek a judicial determination regarding the validity of a will while the person who made it is still alive.


Your other questions involve specific procedural issues and aren't well-suited for an Internet message board. I strongly suggest you consult with a local attorney for advice.

[FindLaw_AHK]

I agree with the previous poster, that it is strongly suggested you consult with with a local Estate Planning Lawyer to address this matter.