Can a person that is commited to a state mental hospital have a will?

Question Details: I am trying to find out if my grandfather had a will. He was committed in the 1930's.He lived there most of his life. There's a deed to some property in his name and I am trying to sell. The title company said I needed his will. He has passed away. Help!

Asked 10/29/2009 under Wills, Trusts, Probate | 173 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

I am a lawyere in CT and practice in this area of the law.  The rule regarding wills is that anyone that is competent can make a will.  competency is generallyl defined as knowing the nature of your assets/property.  indeed, this is a very low standard.  however, there is no requirement that you must have a will.  if you do not have a will, the rule is that the decedent's property passes to the next closest heir on the bloodline.  therefore, i suggest that an estate is set up.  you need to see a lawyer to help you here.  you need to set up and estate and have an executor appointed to disburse your grandfather's property to the lawful heirs.  then the property may be sold.  you need to see a lawyer to help you.

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