My dad filed a revocable trust 10 yrs ago. Then he remarried 8 yrs ago. He was diagnosed with Alzhymers 5 yrs ago and has had advanced dementia for the past few yrs. I've recently learned that the step-mom took Dad to his attorney and "made some changes" in the last year. Are the changes valid?.
Answer
If your father did not have testamentory capacity ( to be determined by a court, based upon the facts in evidence) any action he takes to amend or end his estate plan may be rescinded or altered by the court. Someitmes it is better to act as soon as you learn of the change. Other times it is advantageous to wait until the trust pays out. You should consutl idrelty with a probate or estate planniong attorney in your area, as to the specific facts of your matter. Many offer a free or low cost initial consultation. I suggest you take whatever documents or notes you have and go see one very soon.
Good luck
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