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

Asked over 1 year ago - 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)

  1. Marcus William Morales

    Contributor Level 13

    15

    Lawyers agree

    Answered . 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... more
  2. Ian A. Scharg

    Pro

    Contributor Level 10

    12

    Lawyers agree

    Answered . 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... more
  3. William David Ausman

    Contributor Level 12

    9

    Lawyers agree

    Answered . 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... more
  4. Kelly Scott Davis

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . 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.

  5. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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