Legal Question in Wills and Trusts in California

Finding the deceased incompetent prior to death

Dad died in May. Brother had him declared incompetent and put into a home in January. When mom died two years ago, dad took insurance pay off (2 years ago)and rolled it into a mutual fund and changed the distribution amounts to 50/50. Everything else was in a trust at 90/10. Now brother wants mutual fund put into the trust so he will get 90% instead of 50. He wants to petition the court to have the fund added to the trust saying that at the time dad did it he was incompetent to make that decision. Dad did see a doctor for his mental state at that time but no action was taken. Don't know outcome of Dr. exam. By California law, can this be done? How do I fight it?


Asked on 10/19/00, 5:50 pm

1 Answer from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Finding the deceased incompetent prior to death

You should consult with a lawyer in your area who has experienced with this type of case. Do not attempt to handle this on your own. Contact your local Bar Association to determine how to obtain a referral.

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Answered on 11/15/00, 9:46 am


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