Legal Question in Wills and Trusts in Alabama

Competent

If a person is forgetful at an old age would this mean she would not be of sound mind and could a will be contested on these basis. Could this in anyway void any trust that was set up a few months prior to her unexpected death?


Asked on 8/10/05, 10:36 am

1 Answer from Attorneys

Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Competent

These are difficult cases but the answer is yes you can. Especially if close loved ones have been suddenly cut out of an older will by strangers. That can look suspicious. But you do need to show that she was more than just a little forgetful before she died. I would suspect her condition was fairly serious and perhaps she had even been diagnosed with Alzheimer's or some other issue.

The problem is actually one of expense. It depends on how much money is in the estate whether you can get an attorney interested in the case. Alternatively, you may have to pay an attorney up front to take the case.

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Answered on 8/10/05, 11:28 am


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