Florida Guardianship Law: When Does A Person Lack the Mental Capacity to Change His or Her Estate? How Do You Challenge an Estate Plan Change if Someone is not Competent?
What would you do if your parent was losing his or her ability to make healthcare decisions and your parent’s ex-girlfriend or ex-boyfriend wanted to control those decisions? What if you, yourself, lose mental capacity and your ex or child sues you? Are you dealing with a Florida guardianship case involving the deficient mental capacity of a person making or changing a Florida will?
Lack of Capacity & Florida Estates
- According to Florida Statute 732.501, a testator must be “of a sound mind” when executing or amending a Florida will or trust.
- What does that mean?
- At the time of the estate plan change, a person must have, in general, understood the “nature and extent of property to be disposed of and testator’s relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed. “In re Wilmott’s Estate, 66 So. 2d 465(Fla. 1953), 40 A.L.R. 2d 1399.
- How do you challenge an estate plan change if someone is not competent?
- Proving that someone lacked the mental capacity to change their Florida estate can often be a difficult task.
- Therefore, it is a task that requires the work of skilled Florida probate attorneys.
- Being subjected to a Florida guardianship, or having a petition for incapacity filed against you, can be very stressful and expensive.
- It is important to speak to a trusted guardianship attorney right away.
- Check out this recent case involving Sumner Redstone, former executive chairman of CBS and Viacom, to learn more.
Did Sumner Redstone Lack the Mental Capacity to Change his Estate?
- According to a recent New York Times article, Sumner Redstone removed his ex-girlfriend, Manuela Herzer, from his estate plan.
- As a result, he is getting sued by her.
- Originally, Ms. Herzer was to receive $50 million and his mansion in Los Angeles.
- In addition, the change in his estate plan removed Ms. Herzer as his health agent.
- What does this removal mean?
- It means that she will not be able to make healthcare choices for him when he is no longer able to make them for himself.
- In this California case, Ms. Herzer filed a lawsuit claiming that Mr. Redstone lacked the mental capacity at the time of the estate change.
- Will Ms. Herzer and her attorneys be able to show that Mr. Redstone lacked mental capacity at the time of the estate change?
- Will Ms. Herzer be renamed Mr. Redstone’s healthcare agent or will this case be deemed “meritless”?
- There is a trial to be held in May.
Read full New York Times article here: