Legal Question in Wills and Trusts in Texas
Alzheimer's disease
I have a friend whose husband died of Alzheimer's disease 18 months ago. His condition had gotten so bad that she said that he 'was not himself' when he died. At some point before he died he had his will changed and left 5 family members ten thousand dollars each (excluding his wife). She has not had the will probated because she is not aware of this fifty thousand dollars. Is this will a binding contract even though this man was extremely ill when he made it? Will she have to come up with the money if she does have the will probated?
2 Answers from Attorneys
Re: Alzheimer's disease
Assuming the will is found valid, she does not have to make up any deficiency if his estate does not have sufficient funds. Keep in mind there are other things to wind up, such as a house, bank accounts, etc. Your friend needs the help of a professional and many firms, such as ours, offer a free initial consultation to assess the assistance required to solve the problems.
Re: Alzheimer's disease
The first question is whether the will is valid, since there's a serious question of his competency when he made it. It would have to be shown that he was mentally competent when he made this will. If he wasn't competent, then he died without a will.
Then there's a question of whether his estate has the $50,000 he designated, assuming that the will is valid. Remember, his wife does not have to go to her share of the community estate to make good his promise.
If his estate only has $25,000 to give away, then the five would only get $5,000.
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