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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42869
Experience:  Texas lawyer for 30 years in Estate law
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My 92 year old monther has Dementia and no will, what can I

Customer Question

My 92 year old monther has Dementia and no will, what can I do?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.Whats state is involved here, thanks.

Customer: replied 1 year ago.
Maryland
Expert:  RayAnswers replied 1 year ago.

Thanks for the information .

Under Maryland law

To execute a valid will, the testator, or executor of the will, must have testamentary capacity, which is the mental capacity to know:

  1. what property he actually owns;
  2. the natural objects of his bounty (his relatives and descendants);
  3. what a will is and how he is disposing of his property;
  4. and the overall scheme of disposing of his property.

If you feel she may have capacity here you get her to sign the will and take your chances if anybody contests it later on.

If she absolutely does not have capacity the only thing you can do here is have court supervised probate when she deceases.The laws of intestacy( no will) are applied and the court supervises liquidation of assets, payment of claims, and the balance to the heirs at law.

Laws of intestacy

http://www.nolo.com/legal-encyclopedia/intestate-succession-maryland.html

Your two choices are a will hoping it will be found valid or no will and laws of intestacy decide here.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.