Facing challenges with estate planning and mental capacity

On Behalf of | Jun 23, 2021 | Estate Planning And Probate |

In Texas, disputes about estate plans are unfortunately common. This can hinge on the content of a will and how it was crafted. In some instances, there are allegations of undue influence and questions about the person’s mental capacity. This could be important when determining a will’s validity.

Assessing allegations of undue influence and diminished mental capacity

A lack of mental capacity on the part of the testator and the possibility that there was undue influence that led to the decisions that were made are frequent concerns. A person who is vulnerable to pressure regarding their will could be a victim of undue influence. For example, if the testator is suffering from Alzheimer’s, they might not be fully aware of what they are doing. Another person could use that to benefit themselves by getting power of attorney and controlling their finances. The victim might be compelled to take steps they otherwise would not.

Assessing the person’s mental capacity is crucial. Medical professionals like forensic neuropsychologists can examine and analyze the testator to see if he or she has the cognitive ability to function on an everyday basis. Functionality can vary depending on issues they might be afflicted by, but they are potentially lucid enough to divide their property in a will. This is imperative with estate planning and probate.

Having professional assistance is key with all areas of estate planning

Estate planning is a complicated aspect of the law that can be difficult to navigate. This is especially true when there are fears that a loved one is mentally unable to write a coherent will or there is worry that undue influence or other illegal behaviors are occurring. For help with any of these factors, it is useful to have professional advice.