Can a land owner, who has given his land verbally to his children, change his will about the property if he has been in a mental for depression. He has not been legally declared legally incompetent as of yet.

There is no such thing ( in the US) as giving the land verbally,
and there is no vebal will)
So any promice of giving land or leaving it to them as heir has no value what so ever when done verbally.

Even if it was in writing, they can always change it if they are of sound mind.

He can write whatever he wants in the will, even with a verbal statement of intent, but if it is proven he was mentally incompetent at the time I do believe it can be challenged. I think there may be a difference between being depressed and mentally incompetent though. I think they would have to be more in the dementia category.

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Originally Posted by Fr_Chuck

There is no such thing ( in the US) as giving the land verbally,
and there is no vebal will)
So any promice of giving land or leaving it to them as heir has no value what so ever when done verbally.

Even if it was in writting, they can always change it if they are of sound mind.

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My father-in-law has given my husband and his three brothers their property verbally. He has a written will that explains all this. When my mother-in-law passed, along with some other things, he got very depressed. So we got some antidepressants and therapy at a mental institution. He was not declared crazy or mentally incompetent. With this in mind, one of the brothers said that since he has been in a mental , he can no longer change or do anything to the written will that is already filed. Can he? He is of sound mind. But if the brothers want to contest, would it not take all the heirs to sign him mentally incompetent?

Since he has not been declared, he can change anything he wants, and it will be their problem to prove he was not mentally sound.

Also again, there is no such thing as being given their property verbally, has no value at all. IT is not their property till it is done on paper in a deed.

And therap at a mental health, does not mean he is not aware of what he is doing.

And all the heirs can not do anything but contest, and it only takes one to contest. What they would need is one of his doctors at the mental health center to declare him not able ( but since they did not keephim locked up, I would say he was able to make a new will)

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Originally Posted by Fr_Chuck

Since he has not been declared, he can change anything he wants, and it will be thier problem to prove he was not mentally sound.

Also again, there is no such thing as being given thier property verbally, has no value at all. IT is not thier property till it is done on paper in a deed.

And therap at a mental health, does not mean he is not aware of what he is doing.

And all the heirs can not do anything but contest, and it only takes one to contest. What they would need is one of his doctors at the mental health center to declare him not able ( but since they did not keephim locked up, I would say he was able to make a new will)

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Thank you so much. You are now supported. Thank you again. I knew the answer, but I wanted to know for sure. Thank you.