Legal Question in Wills and Trusts in California
Ethics of deceased's Attny helping break will
When my aunt died in July @82yrs old. she had been coerced into signing a form voiding all previous wills by her son.
She was too ill to be considered able to make decisions like this as she had a stroke and was unable to follow a conversation very well. Her original will stated everthing to a caretaker who had been with her for 6 yrs. She died before getting a will in place. Her 1 surviving son immed. hired HER ATTNY to represent him in getting everything. Is this ethical and who should inherit her property?
2 Answers from Attorneys
Re: Ethics of deceased's Attny helping break will
how many times have i heard your story in over 30 years of practice in probate/estate planning -- my fellow attorney is correct but the ethics are not secendary and you may have a right to douments if you were a beneficiary in the original documents -- fell free to call me at 510-465-6000 if you wish
Re: Ethics of deceased's Attny helping break will
Your opinion that that aunt lacked mental capacity to revoke her prior will must be proven in court with expert testimony and medical evidence. The ethics are secondary. The legal presumption is that she DID have mental capacity if the document was properly witnessed. You need to file an appropriate action with the local probate court to have a judge decide if she did or did not have mental capacity and that ruling will determine who inherits her property.
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