Father sold land with Alz Disease

[Acerico]

I have a feeling you still don't get it. So let's break it down.

Ok...I get it, in a nutshell, Its not worth it to pursue. Property was sold at market value.

And I still want to know why the daughter didn't even know that her father had Altzheimer's

.

Son...We all live all over the United States, He had a very progressive and accelerated type of ALZ,s called Lewy Body. He "fooled" us on the phone, could maintain a very good conversation on the phone. At the most I caught a little "senility" because of his age, but never suspected ALZ,s

Thank you all

 

[BelizeBreeze]

And I still want to know why the daughter didn't even know that her father had Altzheimer's.

There could be any number of reasons, not the least the form of the disease and how advanced it really was.

As to demartian, the circumstances of this post do not lend themselves to criminal charges so I won't do 'what-if'. Suffice it to say that the level of proof is much less in civil court than in criminal. So if it won't fly in civil under the facts stated, the chances that anything criminal was performed is practically null.

 

[tranquility]

I don't think a doctor can determine if a person has the capacity to contract. In some estate planning, in order to prevent future problems when there is an "unsusual" gift/bequest, some lawyers want a letter from a physician regarding the client's competency. However, competency is a legal matter and not a medical one. The doctor can provide evidence of deficits. This is done in what can be termed a Capacity Declaration which specifically addresses each of the statutory mental functions which the doctor finds deficiencies.

At least that's how it works in California. Each state has it's own codes but will probably say the same thing.

However, even if the father is found incompetent, don't most states provide the contract is voidable and not void? Can anyone but the estate (or the person) sue to disclaim the contract?

Also, if the contract can be found to not exist, doesn't there need to be a restitution of all monies paid to re-obtain the land? Since the land was bought at FMV, why go through the fight?

Just out of curiosity, is this a family fight? One where the will splits all money equally and gives the property to little Susie? Now, little Susie is upset as she is only getting part of what she wants from the death of dad?