My deceased father signed half his property to a trust while suffering dementia to his estranged son. Do I have the right to dissolve the trust?

Get Legal Help Today

 Secured with SHA-256 Encryption

My deceased father signed half his property to a trust while suffering dementia to his estranged son. Do I have the right to dissolve the trust?

In my fathers will he left everything to my
mother and me. During my fathers last years
he reconnected with estranged children. They
secretively had my father sign half ownership
of his property while he was suffering
dementia. Do we have any rights to stop this
now?

Asked on May 20, 2018 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You could challenge the transfer of property and creation of the trust on the grounds of lack of mental capacity, IF you can show by medical evidence or testimony (such as the testimony of physicians who had examined or treated your father at the time he made these changes) that you father was mentally incompetent when he did these things. (Not merely that he suffered some impairment--he must have been not competent to make decisions or understand what he was doing.) Such a challenge can be legally and procedurally complexed--it is not recommended that you try to manage this yourself, but rather that you retain an attorney to help you. To explore this option, consult with a probate attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption