When a loved one passes away, the emotional toll can be overwhelming. Amidst the grief, families often face the daunting task of managing the deceased’s estate.
Sometimes, concerns arise about whether the decedent had the mental capacity to make sound decisions regarding their will. When the concerns are valid, worried loved ones may be able to contest a will or other estate provisions based on a lack of testamentary capacity.
Identifying the lack of testamentary capacity
To be valid, the person creating a will (the testator) must understand the nature of their decisions, the extent of their property and their relationships with heirs and other beneficiaries.
Signs that a testator may lack capacity include confusion about their assets, inability to recognize family members or being influenced by delusions or hallucinations.
Steps for worried family members
You have legal options if you suspect your loved one lacked the testamentary capacity to make wise and informed estate decisions. Taking these early steps can build a sturdy foundation for an estate challenge.
- Gather evidence: Types of evidence include medical records, witness accounts, physician statements and any other documentation that supports your allegations.
- Get legal guidance: This can help you understand the legal grounds and process for contesting a will or other estate document in California.
- File a petition: You and your representative can submit a petition to the probate court to contest the will, providing evidence to support the claim of lack of capacity.
With legal support and evidence to back up your suspicions, you can better work to ensure that your loved one’s true intentions are honored.