Taking Action of a Trust Policy Due to Incapacity
Taking over as successor trustee of a loved one’s trust is not a simple process. Incapacity may be determined in several different ways.
Articles about Mental Capacity
Trustee Is Mentally Incompetent? What to Do Next
In most situations, the court does not supervise a trust administration. If you suspect a trustee is mentally incompetent, act quickly to protect the assets.
Donald Sterling Shows Mental Incompetence Is Hard to Prove
Shelly Sterling is currently pursuing trust litigation to have Donald declared mentally incompetent. She may face an uphill battle. Read more here.
Finding Evidence to Challenge a Trust Based on Mental Incapacity
If you challenge the validity of a will or trust based upon mental incapacity, you need evidence. Learn six steps for gathering this supporting information.
Is an Inheritance at Risk? Interested Parties Witness a Will
Witnesses to a will who stand to receive property may lose some of their inheritance. California law addresses the problem of interested parties as witnesses.
Demonstrating the Mental Incapacity of a California Trustee: 4 Steps
How do you demonstrate that the trustee of a trust is mentally incompetent? A San Diego probate court attorney offers four important steps to take here.
California Irrevocable Trusts Attacked Under the Alter-Ego Theory
Creditors may claim that an irrevocable trust is merely the alter-ego of the trust creator. View here for more from a San Diego probate court attorney.
5 Possibilities for How Mental Incompetence Is Determined
If a settlor is mentally incompetent, someone must take control over the trust prior to the settlor’s death. There are several ways to determine incompetence.