Legal Question in Wills and Trusts in New York
natural father's estate - routed by trust by/to foster family members
My sister & I inherited from our natural father's Estate, per NY law. We are both adults, however my sister is mentally disabled & although she is living in her own apt., our foster parents are still her guardians. They have created a will/trust which directs all of my sister's trust to foster family members. I am now living in Fl. w/ my daughter & when my sister visited, she expressed confusion over these documents. QUESTION: Is such a will valid since my sister does not have the mental capacity to initiate such legal transactions independantly? Do foster parents have a right to benefit from a natural parent's estate & initiate a will that excludes natural siblings? Thank you.
1 Answer from Attorneys
Fla. Incompetent's Right to Will
Interesting quiry. A round square. An incompetent losses those rights that the judge determines they can't exercise. If you mean by " mentally disabled" that some judge decided that your sister does not have the legal capacity to contract or execute documents, then she can't formulate an "intent" to devise her estate and it should pass by intestate sucession to her heirs as determined by the laws of the state where she resides.
A guardian can't make a will for a ward who did not already have one. The State already did.
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