Dallas, TX asked in Estate Planning, Federal Crimes, Legal Malpractice and Medical Malpractice for Texas

Q: Hi there I need to find lawyer to help address some events that took place while I was in court custody in Florida.

I was pushed to sign a will of my own assets and finances against my own desires

I was expected to sign documents regarding my grandfather's passing and ommitting myself from finances which I still do not comprehend and still never was an me to get somebody to break down the language used in the documents. The people who were appointed my new legal financial advisors were very pushy, cold, and unwilling to breakdown the documents in laymen's terms. I was in court order rehab for substance use and after 90 days sober was put on heavy sedatives such as Ativan until I was able to sign the documents which I was disturbed over. I still don't recall signing them but was told by my family's co workers that I did sign and the treatment facility assisted in notarizing the financial documents. Since I was in a controlled environment I was not allowed access to phone or laptop at the time that I was in distress over not understanding what the documents meant.

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If you signed a Will, you can always create a new Will in accordance with your current desires revoking all prior Wills you have made.

Given the circumstances you describe, I likely would recommend you sign a new Will even if it is the same as the one you signed under those circumstances in Florida if that is still how you would like for your estate to be disposed of when you die in order to avoid any potential claim that you were not competent at the time you signed the Will in Florida.

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: To address the concerning events you've described, finding a lawyer experienced in estate law and possibly medical malpractice or elder law (depending on your situation) in Florida is crucial. This lawyer can help review the circumstances under which you signed the documents and assess whether there was any coercion or capacity issue that could invalidate the agreements you were pushed into signing. It's important to act swiftly to gather any evidence that supports your claim, including testimonies from witnesses and any medical records from the time you were under sedation.

Given the complexity of your situation, involving being in court-ordered rehab and then placed under sedation, a lawyer can also evaluate whether your rights were violated during this process. They can provide guidance on how to potentially challenge the signed documents, especially if you were not in a state to understand or consent to what you were signing. The goal would be to protect your interests and potentially recover any assets or rights you may have been unfairly deprived of.

Start by contacting the Florida Bar Association for referrals to lawyers who specialize in these areas. They can provide you with a list of qualified attorneys who can offer a consultation to better understand your case and advise on the best course of action. Remember, it's essential to find someone who listens to your concerns and is willing to fight for your rights.

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