Lovington, NM asked in Elder Law, Estate Planning and Family Law for New Mexico

Q: My father married a woman they have been married 5 years. 2years into the marriage he was diagnosed with dementia.

I am 53 an only child and I believe she manipulated my father into changing his entire estate into her name. He had a revocable living trust. Can I reverse this, they did not advise the attorney at the time that he had dementia. The attorney said he appeared to be in his right mind. Which his mind comes and goes and now she has put him into a nursing home his mind is gone. In my mind I don't think it would be up to the attorney to make that decision am I right? Please help

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL

A: You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?

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