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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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Can i get a living will and trust overturned and is there a

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Can i get a living will and trust overturned and is there a time limit in which this can be done?

Welcome! Thank you for your question.


A Will and Revocable Trust Contest must be brought within 2 years of the probate of the Will. Will contests are rare in Kentucky and extremely difficult to win.


The Kentucky Supreme Court has stated there is a strong presumption that a person who writes a will is competent to sign it and that the degree of mental capacity required is "minimal."


In a 1999 ruling that over the years, it had upheld wills written by people who had been declared partially incompetent and others who believed in "witchcraft and spiritualism."


Judges and juries will look to see if there is clear "undue influence" that make a will suspicious.


"The classic example is if you have a will and move into a nursing home, then suddenly you write another will leaving everything to one of your nurses,"



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


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Customer: replied 3 years ago.

The will and trust was drawn up by my late husband while he was beeing treated for cancer and i'm not sure if he knew exactly what was put in it before he and i signed it. He was not in any condition to read the papers and i did not read them either because he was going into surgery just a short time after the papers were signed and i trusted that everything was ok. I have greived for the past 22 months over his loss and have wondered if it was a mistake that i signed them and to see if there is any legal options i can take?



I empathize with your situation. There are situations where cancer treatment causes temporary incompetency. However, cancer treatment does not cause incompetency in every situation. To contest the Will, you would have to show that the cancer treatment caused incompetency at exact time of signing and to the extent that he did not even know his natural heirs or what assets he owned. If you cannot show then then there are not legal options to change the disposition of his documents. You could possibly still change your documents but you would need to specifically discuss that with an estates attorney that can review your specific documents.



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