Legal Question in Wills and Trusts in California
if someone is terminal and on morphine and other drugs, is it legal for her to change her will that is encouraged by an outside party?/
Asked on 11/17/09, 4:02 pm
1 Answer from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
There's not enough information to give you a definite answer. If the person was competent to change her will (i.e. knew what she was doing), then she could do so. However, if she had been unduly influenced (not just "encouraged") because she could not resist due to her medications and/or physical/mental condition, then it could be challenged when the time comes. You might try to collect as much documentary evidence of her inability to resist as you can in the meantime.
Answered on 11/22/09, 6:24 pm