Q: My 94 year old dad changed his will after being on Alzheimer’s medicine for seven years. Is this legal?
A: There is no law that says a person is too old or too sick to execute a Will. The key issue is whether the person is actually Compos Mentis (of "sound mind" or "...having a mastery of one's mind.") and not Non Compos Mentis (not of "sound mind" or "...NOT having a mastery of one's mind.") at the time of signing the Will. This is a confusing issue to determine and it might require a medical opinion in some cases. One should be very sure the person is Compos Mentis at the signing of the Will. This is a highly contested issue at trial in the probate stage (after death) over the estate. Remember, "When in doubt, FIND it out."
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.