What if one of the estate beneficiaries is mentally incompetent

Get Legal Help Today

 Secured with SHA-256 Encryption

What if one of the estate beneficiaries is mentally incompetent

Seven siblings and a father are beneficiaries of an estate. The father is 95 and no
longer of sound mind. Can he be dropped as a beneficiary?

Asked on April 6, 2019 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No: you cannot deprive someone of their inheritance because they are not mentally competent. Rather, his lack of competence should be brought to the court's attention, which has the power to appoint a legal guardian or conservator (either term may be used) to manage his affairs for him and look after his interests.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption