People with degenerative mental conditions need careful planning when creating a will to ensure its validity and accuracy. Here is how to handle this process in Maryland:
Assessing mental capacity
To make a valid will, the person must be of sound mind. They need to understand what the will entails, know what they own and know who they want to give it to. A doctor should confirm the person’s mental capacity in writing when drafting the will.
Keeping records
Keep detailed notes of the will-making process, including doctor’s notes and lawyer meetings. If someone challenges the will later, these records can prove the person’s capacity and intent.
Using witnesses
Witnesses should check the person’s mental state and ensure they understand when signing the will. To avoid problems, witnesses should be people who do not benefit from the will.
Recording videos
Recording the will-signing can show that the person was mentally able and knew what they wanted. This can help if someone questions the will in court.
Conducting regular updates
Often, people check and update their wills as their health changes to ensure they remain valid and reflect their current wishes.
Losing testamentary capacity
If the person loses testamentary capacity, their existing will remains in effect. Maryland’s intestacy laws will distribute their estate if they do not have a will. A court-appointed guardian can manage their affairs without creating or modifying a will.
Handling disputes
The probate process resolves conflicts when heirs dispute an estate. Heirs can contest the will if they believe it is invalid due to lack of capacity, undue influence or fraud. Mediation can often resolve disputes without court involvement.
Considering legal assistance
An experienced estate lawyer can provide guidance, represent your interests and help you navigate legal processes to ensure a fair resolution. It is advisable to start planning your estate early to avoid disputes and situations where the court must decide for you.