Laurel Fork, VA asked in Elder Law and Estate Planning for Virginia

Q: Alzheimer's patient petitioned by spouse specific transfer

Is this sale of house include change of will. Does Alzheimer's patient in assisted living inherit estate if death of spouse

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1 Lawyer Answer
Jay Braddock Jackson
Jay Braddock Jackson
  • Estate Planning Lawyer
  • Fredericksburg, VA
  • Licensed in Virginia

A: Having an illness that makes one incompetent to handle funds (among other things) does not mean the individual cannot inherit. In other words, the patient’s right to inherit is not impacted in any way by his illness. It may mean that a guardian will need to make certain decisions or request permission from the probate court to spend money for the benefit of that individual. The guardian cannot spend money without the court's permission.

A subsequent beneficiary may, however, need to take action to protect the patient’s estate. The specific action will depend on the current status of the illness. You should consult with a trust and estates lawyer in your area regarding that action.

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