Legal Question in Wills and Trusts in California
The will of my aunt with demenita was changed
My aunt lived to 95. She recently died. All of our lives my aunt promised her property to her 3 nieces, me and my two siblings. Within the last year of her life she was diagnosised with dementia and she changed her will to give her property to only one sibling. We feel that she was coerced and manipulated by the sibling who inherited everything. Would this will be hard to overturn if we ( the remaining two) hired an attorney and fought the change? We would like to see the property reverted back to being divided 3 ways.
4 Answers from Attorneys
Re: The will of my aunt with demenita was changed
Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.
The answer to your question is not one that any attorney can give a certain answer to. A person has the right to change their will as many times as they like, or change their mind regarding distribution.
As you note, there's the possibility of undue influence here - that another person took advantage of your aunt's dementia for their own financial gain. If so, you'll have the burden of proof to prove that was the case, and you'll likely need to interview the witnesses to the will, or other persons present around the time of the will signing, or get the medical opinion of her doctor regarding her mental state around the time of the will signing.
The outcome of those facts would eventually answer the question "would this will be hard to overturn", but if you don't fight for your share, you will not get what you seek here at all. Note that a will must be probated, and you have time limits on when you can file for probate or file for a will contest, so you should at least consult with someone regarding the timing.
I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at rmiller[at]expertlawfirm.com. It's my pleasure to help in any way that I can. Thank you.
Re: The will of my aunt with demenita was changed
If the change took place after she was diagnosed with dementia, probably not, but you will have to support the cost of a will contest. The person offering the will for probate has the burden fo proving that your aunt had mental capacity at the time the latest will was executed.
Of course the cost of the litigation can be split between the three of you.
Re: The will of my aunt with demenita was changed
It would be a fight based on the evidence. If the extent of the dementia could be shown and if it is shown undue influence, then you could win.
Re: The will of my aunt with demenita was changed
Yes you may succeed in the challenge. Contact me directly.
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.
