What if my deceased family members next of kin is mentally handicapped?

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What if my deceased family members next of kin is mentally handicapped?

She was his sister and cannot answer or make decisions for anything; I am 1 of 30 cousins next in line. What should I do next? I was told by one of his close friends that I was someone he wanted to take care of all of his affairs. Will this stand up in court?

Asked on April 20, 2012 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss. If it comes to the point that the other cousins fight you to become the Administrator or Executor of the estate then yes, it may come in handy during a hearing to have him testify. But if you only want to be appointed to best protect his sister and to set up a special needs trust or to fund the trust already in place with the assets of his estate and to waive commissions then who would really mind?  Get help.  Good luck. 


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