Can a person with Alzheimer’s disease execute a deed to property?
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Can a person with Alzheimer’s disease execute a deed to property?
Mother deeded property to 2 of her children when there are 3 other children and a Will was made before she got sick.
Asked on August 29, 2010 under Estate Planning, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This is a question of fact: the issue is not whether the mother had Alzheimer's or not--since there is no "bright line" rule saying that an Alzheimer's sufferer cannot deed (or engage in other transactions)--but rather whether the mother was mentally competent at the time of the transaction. If you was not competent at the time--which again, depends on the specific facts of her condition--it may be possible to set aside the tranaction, though be aware that this could be an uphill battle; the usual presumption is that adults are competent and can engage in various economic transactions. Those seeking to set the deed aside would need to show, such as by medical evidence, that the mother was not then competent.
Note that even if someone has a will, a competent person may dispose of (e.g. deed) her assets prior to her death; there is no obligation to preserve assets to pass upon death.
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