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?
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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 6 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.
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