Q: Can a trust signed when one is quarantined during Covid in a care facility be easily challenged due to lack of capacity?
Most of it is going to the church and they do not want to negotiate with the heirs.
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A:
Trust challenges based on mental capacity can be complex, particularly for documents signed during Covid quarantine periods. The key factors will depend on the person's mental state at the time of signing, not just their physical location or circumstances.
To successfully challenge the trust, you would need to demonstrate that the person lacked capacity when signing - meaning they didn't understand the nature of their property, who their natural heirs were, or the effect of their trust decisions. Medical records from the care facility, witness testimony from staff or visitors, and documentation of any medications or conditions affecting mental clarity would be crucial evidence.
Given that religious institutions are experienced in defending such bequests, you should consider consulting with probate litigation attorneys who have handled similar cases. They can help evaluate the strength of potential claims based on the specific circumstances, available evidence, and California trust law. While challenging capacity is possible, gathering compelling evidence from the quarantine period might prove challenging, so careful evaluation of the case merits would be wise before proceeding.
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