Legal Question in Elder Law in California
Conservertorship and Wills
I have been told that if I apply for conservership that I will not be able to recieve the inheritance from his Will where I am listed as his appointed executor when he dies. Is this true?
1 Answer from Attorneys
Re: Conservertorship and Wills
This should not be true, but it's possible the will could have a broad "no-contest" clause including a conservatorship--I've never seen one, though.
What may happen is that if the person still has some capacity he may be upset and remove you from the will--the capacity for writing/changing a will is less than the capacity required to avoid a conservatorship.
It's also possible the person has a trust, and the conservatorship may trigger some kind of no-contest clause in the trust (if the person is incapacitated, though, a successor trustee should be stepping in to take over). Review the facts with a conservatorship lawyer--if there are potential issues, perhaps someone else could petition for the conservatorship and nominate you or another qualified person.
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