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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Father with Parkinsons signed an amendment to the family trust

Resolved Question:

Father with Parkinsons signed an amendment to the family trust giving a step son full ownership of business and property after a certain period after his death. The blood relatives being left out. The signature was just a "chicken scratch". Father died 14 years ago and we are trying to get medical information to prove his incompency at the signing.

How difficult will it be to get records and overturn the amendment?
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question.

I will be honest with you. This is a very difficult to prove. Particularly, since you have to prove that he was incompetent at the specific time that he signed the trust amendment. Based on the fact that he died more than 14 years ago, you will be proving something prior to that. 14 years is a lot of time to pass. Evidence such as individual accounts and recollections have had a long time to fade so that detailed and specific information is going to be difficult to obtain.

The medical records are going to be the gold standard. If the medical records are clear that he has significant mental issues on a consistent basis hopefully just prior and just after he signed the trust then you have as good of evidence that you can.

To get the medical records, someone will have to qualify as executor of his estate. The qualified executor has the authority to obtain medical records of the deceased.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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