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: