If changes are made to rev. trust 5 days prior to death and grantor spelled their own name wrong first/last twice is it valid?

Asked 9 months ago - Wauseon, OH

Grantor also had problems seeing, hearing, and recognizing loved ones. All changes (5) significantly benefitted the caregiver of the grantor

Attorney answers (3)

  1. David L. Carrier

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . It might be valid, but gosh, it sure does stink, doesn't it?
    The question is whether there was "undue influence" and given the circumstances you describe, it seems to me that the burden of proof, proving that there was NO undue influence, would shift to the caregiver... You need to speak with an elder law attorney with experience in probate litigation asap!

    This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your... more
  2. C L Huddleston III

    Pro

    Contributor Level 16

    4

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    Answered . As the average age has increased, the opportunities for "deathbed" changes to estate plans has increased, and Courts are becoming much more aware of the problem. You will not be able to do anything to fix this without the help of an expert estate planning/probate attorney who is willing to do dispute and contest work (i.e. litigation and trial law). Most estate planning attorneys do little or no litigation because they don't like it, and as a result are not very good at it. You have received good answers from my colleagues, but in addition to "undue influence" it sounds as though the grantor who couldn't spell his or her own name "lacked capacity" as well. It sounds as though you may have a good case, but litigation can be very expensive unless you can find an attorney to take the case on a contingency fee basis, which is rare in Will Contest proceedings. If you have trouble finding an expert to help you, please feel free to contact my office directly and we will see if we can help you find someone in your area. If you are going to act, do not delay. Witness' memories fade quickly, and the lawyer needs to be able to speak with witnesses before they forget important details ... and before the caregiver hides or spends assets.

    Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus... more
  3. Steven Robert Samples

    Contributor Level 14

    5

    Lawyers agree

    Answered . Mr. Carrier gave you a perfect answer. He's right: this does stink. But the documents will be presumed valid until you raise the issue of undue influence by the caregiver. Look for an attorney experienced with elder law issues, and probate litigation, to advise you.

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