Can someone who has capacity, but can not make complex decisions legally sign a will?
Capacity can change from time to time depending on the circumstances. This is of course going to come down to the very specific facts of her case....
Nevada City, CA
Estate planning Lawyer at Nevada City, CA
Practice Areas: Estate Planning, Probate ... +5 more
Capacity can change from time to time depending on the circumstances. This is of course going to come down to the very specific facts of her case....
The best way is to have an attorney draft it so there is no question about undue influence, and they can determine whether they would need a doctor...
He cannot shield his assets from creditors when there is the potential of a pending lawsuit. That is fraud. He needs to speak with an attorney...
It cannot be amended, but a new POA can be created and signed by your father so long as he has capacity.
File it ASAP and appear at the hearing. Apologize to the court for the delayed filing.
The judge is not the right person to speak to - you need to contact the bank where the account was held. If you provide them with the proper...
You cannot shield assets to avoid creditors when there is possible or pending litigation. That would be considered a fraudulent transfer.
Your mother will have to serve him with a 60 day notice and if he does not leave, evict him.
It is unlikely the court will not advance the date due to fear of property values dropping - if they did, everyone would want an earlier date. Ask...
No it will not go through probate unless there is a separate property component or one of you has a will leaving an interest to someone else. When...