Lack of Mental Capacity in Florida Estates
Did mom or dad know what they were doing when they signed that will? A question becomes whether mom or dad had the right mental capacity, what we call testamentary capacity, to sign a will or a trust. If you believe that mom didn’t have mental capacity or was incompetent when she signed a will or a trust, you may be able to have that will or trust set aside or voided. But you have to understand the facts and circumstances surrounding the signing of that will, how it was procured in mom’s mental state, her cognitive ability. Did she understand what she was doing? Was she able to think on her own? Would she be able to analyze things? That’s one of the ways you can try to set aside a will in Florida.