Legal Question in Wills and Trusts in New York
Hello
both my husband and I have wills, but my brother in law does not. My mother in law just died intestate. my father in law is living, but NOT of sound mind or body, and my brother in law does not have a will but has power of attourney for his dad. how does he make a will?
Asked on 6/29/10, 8:41 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
He cannot. To make a will the individual must have the necessary mental capacity. When your father-in-law dies, if he does not already have a will, he will die intestate. The estate will be equally divided among your father-in-law's children.
Mike.
Answered on 6/29/10, 12:05 pm
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