Legal Question in Wills and Trusts in Ohio

Will for incompetent adult

My son has a sizeable estate due to a lawsuit. He is a mentally incompetent adult, and I am the guardian of the person (he lives with me, also), my ex-husband is the guardian of the estate. I want him to have a will because there are adopted (without my ex) and half-siblings and a child who was never adopted but we raised as guardians, and I consider him to be my son. My ex and I agree on nothing, and I would like to know whose job it is to make sure that there is a will. My ex refuses to have one written up, but I think that there needs to be one. Thanks!


Asked on 3/21/04, 2:07 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Will for incompetent adult

A guardian is unable to make a will for an incompetent person, and an incompetent person cannot make a will by definition. He can only make a will if competent.

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Answered on 3/21/04, 5:22 pm


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