Legal Question in Wills and Trusts in California

I am assuming that that person is now deceased. You would typically initiate a legal proceeding seeking to have the will and trust voided. If a probate of the will has already begun you would need to file a will contest within a limited period of time.

Depending on the stage of the dementia and how it effected the person, they may not have had the capacity to sign a will and/or trust. However, even where the person is suffering from dementia it is also possible that they will be found to have signed the documents during a lucid period of time making the documents enforceable.

In short you should consult with an attorney bringing with you all of your documents as soon as possible.

Caleb

Of course sound mind is a factor, as a matter of fact the knowledge and understanding of the will is a requirement for its validity. Was there, perhaps some undue inluence in having you disinhereted?

This is a very time sensitive issue and needs to be dealt with ASAP. You should contact me, or another estate planning/Probate attorney to set up a consultation where you can discuss your situation in detail. Remember to bring as many documents and evidence with you so the attorney has a chance to review all the information and provide you with the best information they can.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.