QUESTION

I believe my mother had dementia when she wrote her will. Medical records say she had probable dementia. Is this contestable.

Asked on Jul 24th, 2017 on Wills and Probate - New Jersey
More details to this question:
Other medical records show she did not recognize family members, loss of memory, periods of confusion and not knowing where she is. Again with these medical records do I have enough to contest this on the basis of mental capacity.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
This is known as lack of testamentary capacity.  From what you have described in her medical records, there is more than enough to file a complaint and challenge the will.  It will require an expert to review the medical records, and give an opinion of whether or not someone with that level of dementia had capacity.  Capacity is not determined by a diagnosis of dementia, but whether or not the person knew what assets they had, and who their family members are.  
Answered on Aug 11th, 2017 at 7:56 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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