What if one of the estate beneficiaries is mentally incompetent
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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 5 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.
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