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Home >> Special Situations >>Incapacitated Individuals
Incapacitated Individual who Inherits
My aunt passed away five years ago. She did not have a Will. While my uncle is still living, he is not of sound mind. He has no children, only a brother and sister. He has burned all banking documents and other things in the house. His doctor has not documented him as being unstable. Would all of my aunt's accounts automatically go to him and what could the family do to protect his accounts?
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 Laws do vary from state to state. In general, if a married individual with no children dies leaving no Will, his or her estate, after paying claims and any taxes, goes to the surviving spouse, in this case, your uncle. If your uncle cannot manage his own finances, and has not granted anyone a durable power of attorney to assist him in doing so, a family member, an attorney or a friend could ask the courts to declare him legally incapacitated and to name a guardian.
Speak to an attorney familiar with elder law in your state for more information. Many senior citizen centers can assist in a referral to a lawyer specializing in that area of law.
Published on BankingQuestions.com 8/04/10
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