How the Legal Capacity of Settlor can Affect the Outcome of Trust and Will
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The legal capacity of the settlor has significant effects on the outcome of a trust or will. The document could be invalidated if it was prepared while the settlor was mentally incompetent. Probate litigation lawyers provide legal advice and assist in filing documents in court and on time. Learn how they prevent the settlor’s property from being mishandled during the probate process.
The Impact of Legal Capacity
Legal capacity is the ability to make sound decisions during the creation or administration of a legally binding contract. A settlor who creates a trust or will must be mentally competent to do so or the document is invalid. If the court determines that the settlor acted outside of sound mind, the document becomes void due to legal incapacity and then the property could end up in the state’s control.
The Importance of a Probate Litigator
Probate litigation lawyers explain the differences between legal capacity and incapacity. If incapacity is suspected, they determine the mental status of the settlor as the will was being made or signed. This may involve showing documented proof of a mental disorder or severe substance abuse.
As an executor, you are encouraged to hire a probate litigator to receive personalized advice and guidance during the probate process. An attorney can also recommend and approve an executor to the will. This approval ensures that the final wishes of the testator are carried out exactly as planned.
When You Need an Attorney
You need an attorney if you face a major problem with your trust or will. Hire one to represent you and protect the best interests of a deceased loved one. A probate attorney knows about the laws that include legal capacity, which vary by legal jurisdiction. Probate litigation lawyers in Brea California are familiar with the probate process in general and the different, unique situations that affect testators. The Fridley Law Firm have the right Probate litigation lawyers to give you the help you need, contact us for consultation today.