Long Beach, CA asked in Estate Planning and Probate for California

Q: Mom an dad signed will and a trust with atty who drew it up, but dad apparently had to guide her cause she was weak she

Mom an dad signed will and a trust with atty who drew it up, but dad apparently had to guide her hand cause she was weak. She went into the hospital about 3 days later she was sent home under hospice care they said she had dementia and died about 9 days later, is the will and trust valid still ? The attorney said she understood what she was doing ! I think they said she had died of advanced dementia but she was being treated for blood clot in her leg.

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1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: It will all depend on whether or not your mother had the mental capacity to understand what she was doing. You don’t say how advanced her dementia was or what she died of, so a lawyer would need more facts (and a doctor’s opinion) to be able to answer your question.

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