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Mental incompetence, etc.

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  • LadyLananda@aol.com
    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
    Message 1 of 1 , Jan 13, 2002
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      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
      about.

      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
      permission?



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