Valley Center, CA asked in Estate Planning and Elder Law for California

Q: I'm a caretaker of 86 year old man who has his mental capacities intact. His adopted daughter has coerced and lied to

Him And got him to sign some papers that he did not read nor get copies of at that time. He got copies yesterday finally after asking her lawyer many times. He signed his entire estate and decision making and money over to her. She is trying to sell his house and put him out on the street. He is just now realizing that his daughter is actually doing these terrible things to him. My question..can he change his mind and void those papers he signed over to her giving her everything before he dies? He didn't think he was doing it for before he died he thought she would inherit everything after he died and take care of him until then. She emptied all his bank accounts and there were 4 or 5 of them so now he is just finding out he doesn't have any money. So how does he go about getting a lawyer. Before he has to move out of his own house that he has lived in and paid for for the last 40 years?

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

A: I’m so sorry to hear about that terrible situation. The gentleman can likely get the paperwork voided by saying he signed them due to fraud, undue influence and duress. You should try to find a Senior Legal Center in your area to handle the matter at no charge (called pro bono). If there is none, call your local Bar Association for a recommendation or see if a local law school has a free legal clinic to help in an elder abuse situation. I wish him all the best!

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