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My grandfather passed away an didn''t have a will. Now it goes to my mom an Aunt but my Aunt is on all kinds of pills an is pretty messed up in the head. Is there anyway she can be disregarded with the estate. Is it possible to prove she is Not able to make important decisions?
Also the executor is actually in mental health because he overdosed. Is there anyway for him not to be the executor under the circumstances? Please help!
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As a general matter, a person does not lose her inheritance rights merely because she is mentally incompetent. If she is incapable of attending to her own affairs, a conservator or trustee may be appointed for her. That person would receive her share of the inheritance and invest it for her benefit and for the benefit of her heirs. There is a very strong presumption of sanity and these remedies are granted only in unusual cases.
A court may refuse to honor the deceased's appointment of an executor if the executor is manifestly unfit.
You need an attorney to represent you in this matter. A computer cannot solve these issues for you. Get a lawyer now.
Answered on Jun 22nd, 2012 at 8:02 AM