Legal Question in Wills and Trusts in Kentucky
My great uncle had the diagnosis of dementia and my father was his executive of the estate. Then my father had some medical issues and then the state took ove. My father is well. My uncle had passed away, but before the state came in and took control and had comfort keepers come in. His personal caregiver had taken him to a lawyer of her choice and had a will made up, her being the executive of the estate. She has now filed the will. She also maxed out 2 credit cards and removed items from the house before all this. The courts are saying my dad has to contest the will and he still may not win. I thought being declared incompetent would void her will.
1 Answer from Attorneys
You/your dad should really consult an attorney in your area. If your uncle was, in fact, declared "incompetent" (KY uses the term "disabled" for one found by a jury to be incapable of managing his/her affairs), this would be evidence to present in a will contest, but would not, in and of itself, make the will void. You may also want to report the caregiver's behavior to Adult Protective Services.Good luck.
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