How do I help my sister make a will since she has brain damage?

UPDATED: Sep 30, 2022

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How do I help my sister make a will since she has brain damage?

She has no property or life insurance. She only has a lot of stuff which most would classify as junk since she is somewhat of a hoarder. There is nothing of real value, mostly things she got from junk stores and things people give her that they no longer want. With her brain injury I don’t think she would qualify as being of sound mind. I am her legal guardian and so far everyone I have talked to has said they do not really want any of her stuff. Does that leave me with all of that to get rid of?

Asked on May 31, 2016 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If her injury is such that she is not mentally competent--which would be the case if you are her legal guardian--she cannot make a will. That means her possessions will pass by intestate succession. If you are her only sibling and there are no children of hers and her parents are not alive, you will inherit everything; if her parents are alive, they will inherit (assuming no children of hers) instead of you, while if the parents are not alive but there are other siblings (and no children), you and the other sibling(s) will share in her possessions equally.
So if you are the only sibling and there are no living parents or children, then yes, that leaves you with all that stuff to get rid of.

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