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Is it legal if someone takes a elderly person with Alzheimer's & completely changes their will?

San Luis Obispo, CA |

two people took this person out of state,spent all of her savings(bought themselves a house etc) and completely changed her will as to where they inherit everything when they previously were to receive nothing.The elderly person had stated to her attorney(whom the two individuals fired) that she did not want these two people to have any control over her estate

Attorney Answers 5

Posted

It is not legal and the parties may be subject to civil and criminal penalities. Elder abuse is a serious problem in our society. Call an attorney and discuss your options.

Marcus W. Morales, Esq.
Law Offices of Marcus W. Morales
115 W. Mission Street
Santa Barbara, CA 93101
(805) 845-5405
www.marcusmoraleslaw.com

All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.

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15 lawyers agree

Posted

Even a person with Alzheimer's MAY have the testamentary capacity to make a Will, however if this person is able to make a Will, this still sounds like a case of undue influence. If she had capacity to make the Will, and it wasn't too long ago, she can also revoke it. You can report this matter to Adult Protective Services who will investigate. It may become necessary to petition the court for a conservatorship.

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10 lawyers agree

Posted

Contact an attorney right away, this may be elder abuse and fiduciary abuse and potential for intention interference with an expected inheritance.

I wish you the best of luck.

Ian A. Scharg
Law Offices of Mark A. Redmond
555 Capitol Mall, Ste 770
Sacramento, CA 95814

Financial and Physical Elder Abuse. Fraud Class Actions.
Serving all of California

This is not legal advice and does not create an attorney-client relationship. This is not legal advice, it is only legal information. You should consult an attorney if you have any questions regarding this matter.

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12 lawyers agree

Posted

You should contact a qualified Attorney right away. What you describe sounds like elder abuse. Many issues arise from your statement of facts. A thorough analysis of the facts with skilled counsel is definitely needed.

The communication above is provided for informational purposes only. It is not legal advise and does not create an attorney client relationship with anyone. Please consider the information above and get competent legal advise from your trusted advisor.

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9 lawyers agree

Posted

The two most common ways to contest a will are undue influence and incompetence.
Both of these might be present as well as Elder Abuse.
You need to report this to police and discuss with an Elder law attorney.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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3 lawyers agree

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