Legal Question in Wills and Trusts in California

I asked can an 85 yr old change a Living trust. Answer was if frail but of sound mind possibly.

Can a person who is physically fit but not mentally able to keep his finances. not sure how many bank accts. he has or what they are for. Is confussed about how much to pay to who, and could not remember that he had a Living Trust. If the trust is revocable can he change it?


Asked on 9/08/09, 2:51 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

With those facts, probably not, as understanding what he's signing and its effects are required for its validity. I'm sure the people who had him sign the document would argue differently about his capacity, but medical records and friend/family testimony about capacity would be key in proving/disproving his ability to execute the living trust amendment.

Read more
Answered on 9/08/09, 3:03 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California