Mental incompetence, etc.
- 1) My late husband signed a Revocable Trust for his "separate property" (80%
of our joint estate) while on his death bed on morphine drip for pneumonia,
cancer & dementia (on the death certificate as causes of death). The Trust
was recorded on March 28, 2001. He died April 6, 2001, a few days later.
2) We were separated, undergoing a marriage dissolution process at the time &
I did not know he was fatally ill with cancer & expected to die. His attorney
& his family knew he had only a few days to live.
3) Before our July 5, 2000 separation, he had turned sole management
responsibility of our joint finances including all check writing & checkbook
balancing & all other bank accounts/investments over to me in late October,
1999. This fact was written into a report by his psychoneurologist Ph.D. who
diagnosed him with dementia/
Alzheimer's in March, 2000. She wrote it was appropriate he had turned the
financial management over to me because of his pre-existing mental deficits &
serious lack of executive ability. Her overal diagnosis was for "mild to
moderate"..."dementia such as Alzheimer's".
4) After our July 5, 2000 separation, my husband wrote 10 checks, 4 of which
were void because of errors. So he wrote a total of 6 valid checks, mostly in
August, 2000. After that his son wrote all other checks & managed all his
other mail & correspondence plus all the finances in accounts that contained
my joint money also, not just my husband's, until January, 2001.
5) On August 10, 2000 my husband also signed a house deed transfer from joint
tenants to tenants in common of which I was unaware & which I did not give my
written or verbal permission for.
6) The mutual restraining orders on the July, 2000 divorce orders stated that
during the divorce process, neither spouse was allowed to convey, transfer or
transmute any deeds, life insurance, etc without the other spouse's written
permission, which I never gave.
7) The same psychoneurologist, Ph.D. wrote in her August, 2000 declaration
that my husband was then "competent" & able to manage his own financial
affairs independantly. This was untrue according to the bank account
documentation & cancelled checks which she (the doctor) never saw or was told
My questions are:
1) Was the "joint tenants" to "tenants in common" title change illegal or
invalid/void without my written permission and was it a violation of the
mutual restraining orders during the unfinalized divorce process?
2) How, exactly, is incompetency determined in California or elsewhere if the
deceased spouse signed a Revocable Trust on his death bed while on heavy
morphine drip for cancer & died a few days after he executed the Trust?
3) How is competency determined if the deceased spouse was unable to write
valid, competent, checks, manage the checkbook & other accounts/investments
independantly or without constant supervision?
4) Was the March 28th, 2001 (recording date) Revocable Trust invalid since my
husband was on his death bed when he wrote it & died a few days later with
"dementia" as 3rd leading cause of death on the death certificate?
5) Was my husband's son, my stepson, guilt of fiduciary abuse, undue
influence or theft for comandeering bank accounts & writing checks from
accounts that contained my joint money as well as my husband's writhout my
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