QUESTION
Is a will valid if it was signed when the person had an appointed temporary guardian who did not know of the change?
Asked on Jan 05th, 2015 on Wills and Probate - New Jersey
More details to this question:
My mother died during a guardianship case. My brother was her temporary guardian at the time. We found out her will had been changed during this time. Her deed was also transferred yet a court order voided it with no effect. If the case was dismissed due to her death, is the court order voiding her deed change still enforceable
1 ANSWER
2 Awards
If your mother was in the middle of a guardianship, that means that two doctors found her to lack legal capacity. any document she signed during that time would be void, or voidable. the guardianship was dismissed because she died, but the court order about the deed is stil in full force and effect. the will is subject to challenge if signed by her afte the guardianship was filed.
Answered on Jan 06th, 2015 at 12:44 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship