Trust was signed with Dementia/Anzelheim

[robert_1959]

What is the name of your state? - California
My Aunt signed the Trust documents in 2015 at age of 90 and in 2018 she died in Dementia/Anzelheim (on the Death Cert-). In this condition she signed the Grant Deed on al 9/ 10 properties they had with my Uncle. She had survived husband (my uncle), but no parents, siblings or any kids left after her.
She had a major problem with English also she was a foreigner from Europe. I know she doesn't know what she signed.
My Uncle was an alcoholic, drunk person with multiple issues with a law. I have case numbers, he was in jail a couple of times because of his behaviors.
He also had issues with English. He recently died and I find out I or my Brother either wasn't in the Trust or in the Will.
2 of my cousins and couple of my Aunts (not even close) relatives in the Will who got close to my Aunt and Uncle (and controlled them) and use them for free housing, ask for money all the time etc... My uncle gave them blank checks to fill out for the money they needed...
The Will Witness was a foreigner also who doesn't know any English at all.
I want to contest a Will. What is my chances? I'm (with my Brother) a closest relative to my Uncle, my dad was his brother.
Thank you for your answer.

 

[bcr229]

Get an attorney, this is not a DIY project.

 

[Dandy Don]

Your chances are excellent if your attorney will be able to get access to the aunt's medical records that show the date of when the diagnosis was made for dementia or Alzheimer's. At least have a consultation with a trust attorney who will let the first consultation be FREE to evaluate your situation.

 

[justalayman]

What is the name of your state? - California
My Aunt signed the Trust documents in 2015 at age of 90 and in 2018 she died in Dementia/Anzelheim (on the Death Cert-). In this condition she signed the Grant Deed on al 9/ 10 properties they had with my Uncle. She had survived husband (my uncle), but no parents, siblings or any kids left after her.
She had a major problem with English also she was a foreigner from Europe. I know she doesn't know what she signed.
My Uncle was an alcoholic, drunk person with multiple issues with a law. I have case numbers, he was in jail a couple of times because of his behaviors.
He also had issues with English. He recently died and I find out I or my Brother either wasn't in the Trust or in the Will.
2 of my cousins and couple of my Aunts (not even close) relatives in the Will who got close to my Aunt and Uncle (and controlled them) and use them for free housing, ask for money all the time etc... My uncle gave them blank checks to fill out for the money they needed...
The Will Witness was a foreigner also who doesn't know any English at all.
I want to contest a Will. What is my chances? I'm (with my Brother) a closest relative to my Uncle, my dad was his brother.
Thank you for your answer.

You will have to prove your aunt was incompetent at the time of signing

Do you have a lot of money to throw at this?

 

[commentator]

Most of the time it is difficult to get a diagnosis unless the person was actually being treated for the dementia. When you say "was" do you mean your uncle is no longer around? So you're contesting a will where the beneficiary is no longer around either?

 

[robert_1959]

Get an attorney, this is not a DIY project.

Of course I will looking for the right attorney. Thanks anyway

 

[robert_1959]

You will have to prove your aunt was incompetent at the time of signing

Do you have a lot of money to throw at this?

Well I don't know I will need that much, but I thanks anyway

 

[robert_1959]

Most of the time it is difficult to get a diagnosis unless the person was actually being treated for the dementia. When you say "was" do you mean your uncle is no longer around? So you're contesting a will where the beneficiary is no longer around either?

She was treated for dementia and she died in the facility. On the Death Cert has a note she had this conditions for years.. I know Dementia and Anzelheim not going to kill you in 1 year, need years and had stages. More than one. My uncle just died this year and the Beneficiaries all in the Will used and forced my Aunt and Uncle to make the Trust and Will this way... The Trustee sold properties behind my Uncle's back etc...Sad story. Thanks for your help.

 

[robert_1959]

Your chances are excellent if your attorney will be able to get access to the aunt's medical records that show the date of when the diagnosis was made for dementia or Alzheimer's. At least have a consultation with a trust attorney who will let the first consultation be FREE to evaluate your situation.

Thanks! Yes, I will find one. I will do it. Thanks again...