What Texans Must Know on Probate and Incompetence
In an ideal world, the person writing a will would be capable of making decisions for oneself. In actuality, though, incapacity difficulties do arise occasionally. This means that in years to come, someone who is mentally incompetent or handicapped may face challenges with their estate plan or will. Today's blog walks you through some of the actions a Texas probate court might ask to establish an incompetent decedent, covering the most crucial topics you should know about incompetence and probate.
Incompetence: What Is It?
If someone lacks the mental capacity to comprehend that they are creating a will, they are considered legally "incompetent" in the state of Texas. That person may be considered incompetent if they are unaware of the potential consequences of the will and/or who may inherit under it.
To testify to a person's ability, courts often need to hear testimony from witnesses regarding the subject's state of mind on the day the will was executed. The court will only take into account the day that the decedent actually made important decisions about the will, for instance, if they were mentally stable the day the will was executed but became unstable the next day.
Should Someone Be Found to be Incompetent, What Will Happen?
In order to contest a will on the grounds that the testator was incapable of making a sound choice, one has to prove for the satisfaction of the court that the person was not competent at the time the will was written. A medical diagnosis, such as dementia, frequently comes up for persons who have been found to be incompetent.
Should the court determine that the decedent lacked mental capacity and that the will is consequently void, the probate procedure may need to begin anew, either with an earlier draft of the will or with no will at all. It makes sense that this determination of incompetence could throw the procedures for a loop and prolong the probate process.
Although proving incompetence can be difficult, experienced lawyers can help you through the process of declaring a deceased person incompetent. The court's first goal is to honor a decedent's desires, provided that the decedent was of sound mind when expressing them, therefore this is a tool best used in cases when the dead was genuinely unable to grasp his or her own estate planning.