Cincinnati, OH asked in Estate Planning and Family Law for Ohio

Q: My papaw had a will drawn up before he was diagnosed with dementia, his wife then got a letter from their doctor saying

He was no longer competent my dad is his beneficiary to his will, my granny then made another will and is saying she gets all my papaws estate money & vehicles. Is my papaws will null and void now that she made another will for herself and my dad gets nothing?

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1 Lawyer Answer
Aaron Epling
Aaron Epling
  • Estate Planning Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: You must have "testamentary capacity" to execute a will. Testamentary capacity means that your Papaw does:

1. Understand the nature of the business in which he is engaged;

2. Comprehend generally the nature and extent of the property which constitutes his estate;

3. Hold in his mind the names and identity of those who have natural claims on his bounty; and

4. Appreciate his relation to the members of his family.

I recommend communicating with his wife and doctor. Even if he signs a will without the above-described capacity, it could cost a lot of money in attorney fees to fix.

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