Legal Question in Elder Law in New Jersey

Alzheimer's

My grandmother was diagnosed with Alzheimer's Disease back in 1999, her condition was really bad at that time. How is it possible for her to change a part of her will in 2001. Her so called boyfriend took her to the lawyer and her estate is now being left to him. The funniest part is that she signed the paperwork. Five properties have been sold during this time valued at $850,000, in which she signed all the paperwork also. What can be done? This guy

has sold everything and is getting her house too. HELP!

Very concerned Grandaughter.


Asked on 5/05/04, 5:47 pm

3 Answers from Attorneys

John Ducey Law Offices of John G. Ducey, PC

Re: Alzheimer's

Your case will not be an easy case but it is possible to try and prove that your grandmother was incompetent at the time her new will was signed. Medical records and more likely than not medical testimony will be necessary. If you would like to discuss your case further, please give me a call 732-286-2170.

John

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Answered on 5/05/04, 10:58 pm
Anthony Park Anthony S. Park, PLLC

Re: Alzheimer's

It sounds like you have every reason to be concerned. You can challenge whether your grandmoter was competent at the time she signed the new will. You may not be able to recover the real estate, but you may be able to preserve the proceeds of the real estate sales in her proper estate.

Feel free to contact my office with additional details. In any case, you should contact an attorney as soon as possible.

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Answered on 5/05/04, 6:04 pm
Lawrence Simon Law Offices of Lawrence M. Simon

Re: Alzheimer's

The standard for diminished capacity in a will case is lower than that of mental competency in a guardian matter, so there it is possible that she was of sound mind. However, there are enough suspicious circumstances and a confidential relationship, which under the law, provide for a potential case against the boyfriend, particularly if your goal is to protect your grandmother's money for her care, and not merely for you as a potential heir. My office would be willing to meet with you in person, or via phone. The consulation is free. If it is not geographically convenient, we will be able to make a referral. I look forward to hearing from you.

201-445-4321

Toll free 1-800-784-5140

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Answered on 5/05/04, 6:20 pm


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