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Lack of Mental Capacity

When a will or trust has been changed not long before a person dies, there can be a question of the decedent’s mental capacity at the time of that change. To be legally enforceable, they must have understood: 

  • That they were signing a will or trust that would distribute property to named beneficiaries upon their death.
  • The approximate amount of their estate.
  • The family or other relationships between themselves and the beneficiaries.

Elderly or ill individuals sometimes have days when they are completely lucid and other days when they are confused or suffering from delusions. The criteria for capacity is that they were aware of the items above at the time that they signed the documents.

Proving lack of capacity can be challenging as the courts are predisposed to accept the apparent intent of someone who is no longer alive to testify. You need an experienced and professional trust and probate litigation attorney like Daniel Leahy to help you contest a will or trust based on lack of capacity. 

Don’t delay, there are often deadlines- as short as just 120 days. You may have legal options to protect your interests in this challenging time and Daniel Leahy is the attorney who can help you decide what to do next. Dan’s practice includes resolving disputes among beneficiaries and fiduciaries. Often this requires litigation and Dan has the experience and skills to help you. Dan regularly appears in Bay Area probate courts and handles matters through trial. 

Contact Daniel Leahy today at (510) 985-4151 or with our contact form to schedule your free consultation. Read more about our legal fee options and the possibility of contingency fees so that you don’t have any upfront costs.

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