Legal Question in Wills and Trusts in California

Competency of testator

My mother and stepfather married 60 years ago.My mother died in Sept '97, my stepfather wrote a Will&Trust shortly after that, naming me as his successor trustee and my sister and I as his benifiaries My dad lived in my home for 1 year after my mother died. He was declared incapacited by 2 doctors with alzeihmers dementia. I had POA and have been managing his financial affairs for past 2 years. A year ago he was moved into an Assisted Living Home and he hated the place. His sisters moved him closer to their home but into annother AS facility, this time he accepted the move. He now lives about 500 miles from my home. Six months ago they had an attorney revoked his will & trust naming the sisters benificiaries or his estate. They had a doctor declare him competent on that day to change his will. The doctor said he probably has AD but on this day she thought he had the mental capacity to make this change. What can I do?


Asked on 1/31/00, 3:15 pm

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Competency of testator

You will need to contest the will in court. If the will was changed by your father even after he had been declared mentally incompetent the new will and trust is seriously questionable. I think that the odds are on your side. It sounds like the sisters went out and got themselves an attorney who new a shaddy doctor who was willing to say that your father was competent for the right amount of money. Has your father passed away or is he stilling living at the facility? If he is still living you can go into court and have him declared mentally incompetent and you declared his guardian so his sisters can't pull this stunt again. If he has passed on then we need to contest the will and the sooner the better before the sisters spend all of his assets. When we file the papers to contest the will we can have the estate frozen so they cannot spend his money or sell his property. If you would like to find out how to go about contesting the will and how much it will cost, I would be happy to give you a free consultation. My toll free number is 877-546-9918. I look forward to speaking with you.

Sincerely,

John Hayes,Esq.

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Answered on 2/01/00, 9:19 pm


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