Legal Question in Wills and Trusts in California
A second will was prepared for my father (spouse is deceased) a year ago by my brother. He changed the new will to where he inherits the whole estate and to which he is also the executor. This second will was not signed but just kept around the house.
Four months ago my father suffered a stroke at age 90, was sent to the hospital and two days later my brother gave this will to my dad to sign while still in the hospital. Was my dad of sound mind? I do not know. It was witnessed by two of his friends. He then passed away a month later. Is this elder abuse? Is it legal to have a unsigned will and then present it to my father when he's at his worst?
3 Answers from Attorneys
You need to meet with a lawyer who can review the circumstances of this. It could easily be elder abuse, and it could easily be a situation where the will can be invalidated. It is impossible to tell from what you wrote.
Many people sign wills while hospitalized. However, an attorney will have to review your father's medical records, perhaps take a deposition of treating medical personnel to determine whether your father had the capacity to sign after a stroke (or at age 90) or to overcome coercion/elder abuse. Please don't try to do it yourself, but have an attorney who practices in this area review the case, as Mr. Perry suggested, above.
It could be a great many things. You need to consult with an attorney experienced in probate litigation and elder abuse. You need to act quickly.
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