Legal Question in Wills and Trusts in California
Alzheimer's-ridden Great Grandmother:
My great grandmother's will was altered by my great aunt (her daughter and the executor over the estate) to exclude me from a sizable college fund. This was done, however, after she had already been diagnosed mentally incapacitated.
What should I do?
1 Answer from Attorneys
There are a number of different legal options, some more time consuming and costly than others. Whatever you decide to do, however, you will need clear and convincing proof that there was an alteration of a will or trust after your great grand-mother lacked the capacity to make such a change. In some estate plans, a successor trustee or one with a power of attorney has the power to make certain changes in gifts. I strongly advise you to meet with an attorney to go over the legal documents in question and discuss various options. It may be that a conservatorship is appropriate with an order to your great aunt to account and to void any estate related documents that she may have changed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
