Sunday, November 27, 2016
What if, as a successor trustee, you realized that your family member left nearly $1 million to strangers or dead people and little to none to their immediate family? Would you contest this trust on lack of capacity? An individual signing legal documents must be of sound mind, memory, and understanding. If the instructions devised, appear to be rational and contain no irregularities that is a good sign that the individual had capacity. If you suspect that the individual lacked capacity, it is a good idea to consult a lawyer, petition the probate court, and appoint an independent executor. Do not sit back and let your families $1 million inheritance disappear.
See Quentin Fottrell, My Stepfather Left $1 Million to Strangers and Dead People, Market Watch, November 26, 2016.