My friend has signed a Decloration of gift of personal property . He is legally blind and was during signing , can he revoke it

Asked about 5 years ago - Sacramento, CA

he is an elderly gentleman . It appears his now diceased wife may have initialed it as well . She was sick and living in assisted living and not legally capable of making such a decision . He is legally blind , and was told by her daughter to sign the documents . The daughter specified it was for his wife . It was signed and notarized by a public notary . It was signed and witnessed by the daughter of his wife and her husband . It specifies she is to obtain property he owns in currently resides in , and his death annuity insurance benefits . He wants to take their names off everything . Can we , and how do we go about it ?

Attorney answers (1)

  1. Sarah Rose Wolk

    Contributor Level 9

    3

    Lawyers agree

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    Answered . For the insurance benefits, the insurance company should be contacted to change the beneficiary. A death annuity beneficiary designated through an insurance company cannot be altered by a separate contractual document.

    The gift of the personal property can be revoked if it was gratuitous. Exactly how this is done may differ depending on the terms of the gift. If the gift was to vest when your friend dies, he should probably create a new, legally enforceable document revoking the past gift and specifying the new gift recipient. Your friend may want the assistance of an attorney if this is the case.

    If this was just a contract gratuitously gifting personal property at some time in the future, your friend probably just needs to sign a new letter or document stating his intention to revoke the contract. However, to know for sure whether this is possible, the terms of the contract would need to be reviewed.

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