Legal Question in Wills and Trusts in New Mexico

Can a person with a mental illness function in the capacity of an Executor of an Estate?


Asked on 7/31/09, 2:46 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The answer is "I don't know, can they?" If the mental illness does not prevent the personal representative from competently doing the job, then there is no reason why s/he should not do it. Many mental illnesses such as bi-polar, depression, paranoia, etc., do not otherwise prevent the afflicted person from performing quality and important work.

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Answered on 8/05/09, 5:54 pm


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