Legal Question in Wills and Trusts in Illinois

Is it too late to write a Will or a Living Trust for people who already have Parkinson disease ??? In other words, is the Parkinson disease patient considered capable enough to sign the Will or Trust ??? Thank you.


Asked on 6/02/11, 4:22 pm

2 Answers from Attorneys

If a person has enough mental capacity to understand that he/she is signing his or her will, understands what his/her assets are, and has not been deemed incompetent, he/she can draft and execute a will. A physical ailment will not prohibit such a person from executing a will. A person may sign even an "X" as long as it is witnessed properly. Sometimes a video of the proceedings will aid as evidence of the person's willing intent to enter into the will.

Good luck to you.

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Answered on 6/02/11, 9:32 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

I strongly advise you to consult with an attorney before facilitating a Will signing for any individual, regardless of if that person suffers from an ailment. There are certain, strong ways to attack a Will after a person dies. Your involvement will likely encourage them.

In regards to a person suffering from Parkinson's, end-stage Parkinson's can dramatically affect a person's ability to understand what they are doing.

Feel free to call me for a free consultation. Your next steps should be approached very carefully.

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Answered on 6/03/11, 7:12 am


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