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By: Scott Grossman on August 28th, 2016

10 Questions For Mental Incapacity And Riverside Trusts

In California, in order for a trust or an amendment to a trust to be deemed valid, the testator must know who he or she is, have an understanding of the assets that he or she owns, and know who the heirs of his or her estate would be. In addition, the testator must have the mental ability to execute a contract. If you suspect that your loved one’s trust or trust amendment may have been executed at a time when he or she lacked the appropriate level of mental capacity, it is important to act quickly to protect your inheritance. You must demonstrate that your loved one’s mental incapacity impaired his or her ability to understand and appreciate the consequences of signing the document.

When considering whether your loved one may have been mentally incapacitated at the time of signing his Riverside trust documents, evaluate the following questions:

  1. Was the testator awake and aware of his or her surroundings?
  2. Did the testator understand time, place, persona, and situation?
  3. Did the testator have the use of both short- and long-term memory?
  4. Could the testator recognize familiar objects and persons?
  5. Was the testator suffering from hallucinations or delusions?
  6. Did the testator appear to have control over his or her emotions?
  7. Could the testator reason logically?
  8. Could the testator understand quantities?
  9. Could the testator communicate his or her wishes to others?
  10. Was the testator suffering from severely disorganized thinking?

To learn more about mental incapacity and how it impacts the validity of a will or trust in Riverside, view our free article, “California Will Contest or Trust Contest Based on Mental Incapacity.” To learn more about probate and trust litigation in California, view our many helpful YouTube videos today.

Related Links:

Demonstrating Mental Incapacity of Trustees