Legal Question in Wills and Trusts in California
elder parent may not be able to understand trust document
My mother would like to make a will but we all feel that my dad is incompetent to understand the ongoings. We are thinking about seeking a medical facility for him... how would these circumstances affect her ability to leave assets to family in a living trust. We think he has dementia and is getting worse. I doubt he would sign anything at this point. Is there a way for her to do this on her own?
1 Answer from Attorneys
Re: elder parent may not be able to understand trust document
Your mother can set up a will or trust at any time for her own assets. I believe you're concerned about what happens to your father's assets after he dies. If he is truly incompetent, you can have a conservator appointed to represent him, who can then create an estate plan for his property. This may be a complicated and expensive procedure. How many assets are involved? If the main property owned by your mother and father is real estate, and it is held in joint tenancy, perhaps a living trust isn't needed.
Feel free to contact me if you have any questions on these issues.
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.
