QUESTION
Can a parent be declared incompetent after death?
Asked on Nov 25th, 2014 on Elder Law - Texas
More details to this question:
A probate has finally been filed allowing theExecutor access to the bank. Father, 94 yr old, passed away having spent last 2 years under sisters care. Moved his banking into a joint account with her and placed herself as survivor on account, per his wishes. During period, removed assets in neighborhood of $10,000 per month out of account. Also sold some of his real estate assets at discounted prices, then took all down payments for self. Left legal will and estate without assets. Is there way to revoke land sales, an negate bank account transactions? Is this civil or criminal matter?
1 ANSWER
Kevin Spencer
Yes - you can file suit to set aside all of those transactions if your Father was incapacitated at the time. Of course, you will have to have evidence to support that position on top of medical records that support it as well. We do this very often in our practice. Causes of action are a lack of testamentary capacity relating to the Will, a lack of mental capacity relating to the accounts, gifts and transferring of property or money pre-death and/or undue influence causing your father to do something he would not have otherwise done, but for the influence. Again, you will need to have evidence to support all of the above. Evidence can usually be accumulated during discovery, but it is good - even a necessity - that you know or have a good idea the evidence exists before filing suit. I hope this helps.
Sincerely,
Kevin Spencer
www.spencerlawpc.com
Answered on Dec 01st, 2014 at 5:26 PM