Longer life spans and complicated financial issues mean that many people make significant changes to their wills and trusts during their senior years. When an unexpected decision is made, however, some may question whether the testator or trust creator possessed the proper legal capacity to issue that instruction. Bochnewich Law Offices in Palm Desert represents Southern California clients in various types of claims pertaining to the validity of wills and trusts. These determinations can be very complex; even the diagnosis of a mental disorder might not be enough to prevent enforcement of the instrument in question. That’s why it’s important to seek the help of a qualified lawyer who has dealt with such matters. Attorney Peter M. Bochnewich has more than 20 years of legal experience in this area and provides exceptional counsel to parties on both sides of these issues.
People sometimes refer to “diminished capacity” when assessing these matters, but that doesn’t accurately describe the California standard. Just because someone might not be as mentally sharp as they used to be does not mean that a document they executed will not be enforced. Starting with a free initial consultation, we’ll make a thorough review of relevant statutory factors, including:
Capacity challenges can be lodged in connection with wills, trusts, contracts, marriages and other key legal decisions. After discussing the relevant circumstances with us, you’ll have the information you need to make a decision on how to proceed. From there, we can develop the strongest possible argument on your behalf.
Bochnewich Law Offices represents Southern Californians in actions relating to capacity questions and other trust and estate matters. Please call 760-776-1377 or contact us online to schedule a free consultation at our office, located in Palm Desert.