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
Answered
  • 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?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.