February 5, 2016 Wills and Estates No Comments

When a person dies with a proper Will in place, the administration of the estate usually proceeds without difficulty.  Unfortunately, some people die without a Will or with a Will that does not adhere to the terms of Missouri laws [1].  Another basis to dispute the terms of a Will involves the mental capacity of the will-maker.

Missouri law provides that any person of sound mind,[2] eighteen years of age or older, may, by last will, devise his or her real or personal property. provides that, among other requirements, a will-maker must have “testamentary capacity” to make a Will.  This means that the will-maker:

•         Must understand the various affairs of his or her life
•         Understand the extent of their property
•         Know the individuals who will inherit under the terms of the Will
•         Know that he or she is giving property to the individuals mentioned in the Will

The lack of testamentary capacity can sometimes be established in cases where the will-maker suffered from dementia which can include Alzheimer’s disease.  In those instances, where the will-maker did not have the required testamentary mental capacity to make a Will, the Will can be invalidated.

In order to challenge a Will in the state of Missouri, it is necessary to file a probate action.  These types of legal claims can be complicated and involve numerous complexities and deadlines.  It is important, therefore, to speak to a lawyer who assists you in obtaining your rightful inheritance.

Talk to a Missouri Estate Lawyer

Estate litigation can be lengthy and stressful making it important to contact a Missouri estate lawyer as soon as possible.  Legal disputes in the area of wills and estates are usually complex and time-consuming.  Kenneth P. Carp is committed to helping those who may have been disinherited or who were only allotted a minimal amount in a Will made by an individual without the required mental capacity.  Call Kenneth P. Carp today to schedule a free consultation.

References:

[1] http://www.moga.mo.gov/mostatutes/chapters/chapText456.html
[2] http://www.moga.mo.gov/mostatutes/stathtml/47400003101.html?&me=wills

Written by kennethpcarplaw@gmail.com