My Mother sadly, died of cancer on Sunday. Upon dx she was given heavy doses of morphine and chemo. She developed dementia. She created a revocable trust before she married her husband. She made him aware, before she was married to him what the provisions would be. She told all 3 of us children that she wanted us to inherit the remainder of the trust when she was gone, and appointed us as benificiarys. I am worried that he coerced her into changing the trust while she was ill. Do we have a legal ground to stand on if this happened?
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Good afternoon. Yes, though you would have the burden, you could overcome that burden by proving any one or more of the following....lack of requisite mental capacity, Fraud, duress, Coercion, and/or undue influence. AT the time of any change to the trust...he closer she was to death, the more advanced her dementia was, and the more drugs she was taking, the easier time you'll have having it overturned.
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