Legal Question in Wills and Trusts in New York
Mental state of mind.
My mother died of cancer. Because of her terminal illness she was given narcotics to subdue the pain. during this timeframe she signed a trust assigning two persons as trustees and myself as beneficiary. The trust, in not so many words, leaves total control of it's content to the trustees and at their sole dicretion. I was present when the trust was read and signed by her. Overtime I"ve come to question the validity of the signature on the document considering the circumstances sorrounding it. Does the fact the she was under the influence of narcotics during the signing effect the validity of the trust itself? And can I contest the trust on that basis?
Thank you.
1 Answer from Attorneys
Mental State of Mind
If your mother did not understand what she was signing,there could be a question with respect to her competency. Competency is a question of fact. The standards to be applied would depend on the laws of your state.
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