Legal Question in Elder Law in California

Re: Will changed after she was senile.

You can challege the will based both on 1) lack of testamentary capacity and also 2) fraud and/or undue influence. These are difficult cases and the court's don't like to void wills without good cause. As others have indicated, you must also act quickly if you want to be successful.

Re: Will changed after she was senile.

Yes, if there are enought facts to prove undue influence. Was she diagnosed with alzheimers or was she on any medication?

Re: Will changed after she was senile.

Absolutely but you must act quickly after a probate has been started. It will contest must be instituted within four months after the probate is started. That is when letters testamentary are given to an individual to administer the estate. Additionally, you need absolute proof of senility. The sounds interesting.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Will changed after she was senile.

Yes, there are resources available to you to contest the will, however, as previously mentioned, you must act quickly. If I can be of any assistance or referral, please contact me at 310-284-4224.

Re: Will changed after she was senile.

Yes, you can contest the will if you do so timely, and if you have some way of showing the new will was signed while she was incompentent or was done with undue influence by someone. If you need local counsel, feel free to contact me.