In a previous blog, I wrote about whether a Will was valid if it was signed by someone with dementia. In that blog, I mentioned three generally accepted criteria that the proponent of the Will must prove for a court to determine whether the testator had the capacity to sign their will. In this blog, I’d like to explore those three criteria in more detail.
When we prepare an estate plan for our clients they often ask, “Where is the best place for me to keep my Will and other estate planning documents?” The answer to this question may vary from state to state. Some states have a procedure for filing or registering wills with a registry of wills, or a surrogate or probate court. Not in Connecticut.
Life is a constantly evolving journey. Laws change. People change. Relationships change. Finances change. Children come along, attend college, become adults, have their own children, and grow into their golden years. Unfortunately, the language in a Will stays the same and may fail to accomplish your goals if not updated to parallel the evolutions of your life.
If your spouse receives a diagnosis from a doctor that she or he has dementia or Alzheimer’s Disease, it is time to consider changing your estate plan. Why? Because if you die and your spouse needs Title 19 (Medicaid), your family could lose most of its wealth.
Most people who have adult children figure it is easiest to give an inheritance to your children outright with no strings attached. It is simple and clean. But there are downsides to giving to your adult children in a simple manner. Your grandchildren may never receive it. It could pass to the child’s spouse, the spouse could remarry, and all of the inheritance you gave to your child could go outside your family to the new mate of your child's spouse.
