QUESTION
Can a grandmother who is blind, deaf, had seven strokes, and 92 years old change her will?
Asked on Nov 03rd, 2012 on Bankruptcy - California
More details to this question:
My grandmother changed her will because the other daughter said that her sister was stealing her money (not true at all). My grandmother just passed away and the other daughter did not even told my mother-in-law who helped her mommy for 19 years. Thanks.
19 ANSWERS
Yes, your mother-in-law could be cut-out of all inheritance by her mother, even if she was blind, deaf, had seven strokes and was 92 years old unless she lacked testamentary capacity. She would be presumed to have the ability to make a will. Your mother-in-law would need to present evidence that her mother did not know the consequence of her conduct when she executed the will. If she could do so, her sister would need to present clear and convincing evidence otherwise.
Answered on Nov 12th, 2012 at 10:14 PM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California, testamentary capacity (the power to make or change a will) is primarily focused on whether a person is aware of their property and the natural objects of their bounty (beneficiaries). It is a fairly low threshold compared to, say, a driving test. It is possible to have the new will declared void on several grounds including capacity, undue influence, etc., but it can be a very difficult burden of proof to meet. An estate planning attorney can advise of the potential for success.
Answered on Nov 06th, 2012 at 9:22 PM
A person is free to change their will as long as they have capacity. This mean that they are mentally alert and aware of what they are doing and the effect of those actions. As long as she had this capacity and made the changes of her own free will, then the will is valid.
Answered on Nov 06th, 2012 at 8:38 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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She can change her will as long as she is competent, of sound mind, knows who her issue are and has a good idea of what she owns.
Answered on Nov 06th, 2012 at 8:15 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It depends on whether she had testamentary capacity. Testamentary capacity is a term of art which has a specific meaning. There could also be elements of fraud, duress, mistake, undue influence or other factors which might cause the changes to be tossed by a probate judge. If you have any questions, please contact me.
Answered on Nov 05th, 2012 at 8:44 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes grand ma can change her will as long as she was mentally alert and able. However, in the situation you shared. You might be able to make a case that your grand ma was not mentally alert and able and the other daughter had "undue influence" so you might be able to challenge the revised will. This could be hard and expensive to fight though.
Answered on Nov 05th, 2012 at 7:03 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Yes. As long as she knows what she is doing.
Answered on Nov 05th, 2012 at 5:40 PM
Thomas Edward Gates
If the grandmother retained her faculties when she revised her will, then it is highly likely the will will be found valid.
Answered on Nov 05th, 2012 at 5:39 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Yes, all that is needed is for her to have what is known as "testamentary capacity." A person can be sharp enough to know what she wants to do with her estate even though she is blind, deaf, age 92, and has had strokes. The law has a specific set of criteria to determine if one has "testamentary capacity." This should be reviewed with an attorney and her doctor.
Answered on Nov 05th, 2012 at 5:38 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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What matters is whether grandmother recognized who her family was, and understood who were the "natural objects of her bounty," and had a sense of what she had to give away. It is possible to prove "undue influence" if one sister had too much to do with the will change. First, though, evaluate what is at stake. The litigation to prove undue influence will not be easy.
Answered on Nov 05th, 2012 at 5:37 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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As long as she is mentally competent, she can change her will.
Answered on Nov 05th, 2012 at 12:28 PM
As long as one has mental competency, he or she can change the will. If there was an attorney involved, the attorney should have documented some evidence of the competency of the elder client.
Answered on Nov 05th, 2012 at 12:21 PM
Probate and Estate Planning Attorney serving Harrison, MI
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David T. McAndrew, Attorney at Law
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Absolutely, if she had the testamentary capacity to write, amend or execute a will. The will should have had two witnesses and a notary who would have affirmed this ability when they witnessed the signing of the document. If she was blind and deaf, as you state, then these individuals would have a higher obligation to assure that she knew what she was signing and what she was doing. She has no obligation, nor does anyone else, to share her decisions, they only become public upon the filing of the will.
Answered on Nov 05th, 2012 at 12:20 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
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In order to make a change in a will, the person must be competent to make the change. To make that determination you will need a medical opinion. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles.
Answered on Nov 05th, 2012 at 12:20 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is certainly possible, although there are a lot of red flags. You are going to need to consult with a probate lawyer on this one, because there are too many factors to address in this setting. Wills are difficult to overturn, but not impossible. A lot depends on whether or not a lawyer was used to draw up the new Will. If so, then it is likely that lawyer took precautions to make sure that your grandmother had capacity to sign the Will. In that case, the lawyer will testify in support of the Will and against the challenger. You will need a lawyer to see if there is enough evidence to challenge this.
Answered on Nov 05th, 2012 at 12:19 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes, any competent person can change her will. If she was subjected to undue influence, the will can be challenged.
Answered on Nov 05th, 2012 at 12:19 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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Yes, if she can communicate her wishes and is not acting under undue influence. Under the circumstances you describe, it is likely the new will could be set aside as procured under undue influence. The sister who obtained the new will potentially also would be liable for elder abuse.
Answered on Nov 05th, 2012 at 12:19 PM
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It is possible if she had testamentary capacity at the time she changed the Will. Your mother-in-law should speak with an attorney about the specific facts involved.
Answered on Nov 05th, 2012 at 12:18 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Sounds like probate litigation coming. You will need to file a petition to probate the will or file a challenge to a petition to probate the will by some other person. Most important here, you need to obtain a restraining order sequestering the assets to allow you time to determine the lucidity of your grandmother to change her will; sounds like to me she was not of the mental capacity to understand what she was doing. Obtain probate litigation counsel immediately.
Answered on Nov 05th, 2012 at 12:18 PM