Legal Question in Elder Law in New York

Re: wills

It depends what you mean by "mentally unstable." If someone has full blown dimentia or alzheimer's disease, for example, they probably can't make a will. But there's no medical diagnosis called "mentally unstable." Do you mean bi-polar disorder or psychosis or anxiety or schizophrenia or depression or obsessive-compulsive disorder . . .?? What's "mentally unstable"? It's a case by case situation. The law says "Every person eighteen years of age or over, of sound mind and memory, may by will dispose of real and personal property . . .." That's in the New York Estates, Powers and Trusts Law (EPTL) section 3-1.1 Even people who are "mentally unstable" may be "of sound mind and memory" sufficient enough to make a will.

Good luck.

Rick Bryan

New York, NY