How do I help my sister make a will since she has brain damage?

She has no property or life insurance. She only has a lot of stuff which most would classify as junk since she is somewhat of a hoarder. There is nothing of real value, mostly things she got from junk stores and things people give her that they no longer want. With her brain injury I don’t think she would qualify as being of sound mind. I am her legal guardian and so far everyone I have talked to has said they do not really want any of her stuff. Does that leave me with all of that to get rid of?

Asked on May 31, 2016 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If her injury is such that she is not mentally competent--which would be the case if you are her legal guardian--she cannot make a will. That means her possessions will pass by intestate succession. If you are her only sibling and there are no children of hers and her parents are not alive, you will inherit everything; if her parents are alive, they will inherit (assuming no children of hers) instead of you, while if the parents are not alive but there are other siblings (and no children), you and the other sibling(s) will share in her possessions equally.
So if you are the only sibling and there are no living parents or children, then yes, that leaves you with all that stuff to get rid of.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.