Legal Question in Wills and Trusts in California
My 2 adult sisters coerced 91 year old mother into signing a will with an attorney present in her home stating I owed her a large sum of money. But in reality mother didn't loan it but "helped me out for while" after my husband left me without income. One sister (who lives close and is writing out her bills, etc.) snooped in mother's finance papers to find out how much she had given me. Now they are coercing her to sign that it was loan (she has beginning dementia so is confused at times). I am upset that if it goes through that I could end up owing large amounts of money if her estate is "bankrupt" after years paying the cost of her caregivers that are taking much of her savings. I am in my middle 60's and the "help" from her was when I was left by my husband at the age of 52 and couldn't get hired anywhere. I was only able to occasionally get "temp" jobs. It was my mother's idea to help me I honestly didn't want to ask for it.
1 Answer from Attorneys
The Will would only be valid if she was of sound mind when she prepared and signed it; if she has been diagnosed as having dementia, then they may have the burden to show she was of sound mind when she read and signed the Will.
As to the "loan", they have to show that it was a loan and when it was to be paid back. Since it has been at least 12 years and nothing has been paid and she never requested any payment, and you would testify it was a gift, a court would more than likely find it was either a gift or a loan that you have the option of repaying whenever you want. Line up what evidence you have to support your position, get any witnesses to prepare Declarations under penalty of perjury for you to use in the future, visit your mother and when she is lucid ask her about the loan and if she agrees it was a gift get two people to witness her Declaration to that effect, spelling out everything that happened. Get a copy of her Will to see if it is acceptable to you. See if you can reduce her expenses without reducing the quality of her life style.
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