Legal Question in Wills and Trusts in Virginia

what are the inheritance rights of a mentally ill man

Dear lawyer advocate,

I have a good friend, a man, I have known for about 10 years, strictly platonic, that has become very mentally ill in the last couple years, he is about 56, and I knew him before he completely broke down

To the point, his mother died this year, and I have an attorney for him. A new will and trust were written by his mother and sister, he was included minimally; but his sister was appointed the trustee and has effectively shut Dennis out of the money, claiming he has VA disability and he lives in Pathways.

Is this legal?is the fact that Dennis has a ''criminal'' history, because he was ''crazy'' at the time, now on meds, can he be excluded by his sister? She is threatening to go before a judge if I decline to allow her the executorship of his father's will (separate from the mother's) and tell about his criminal past.

Can my attorney file a petition? I asked her to do this, but she wants to meet with Dennis again, which will do no good, I have his POA and I hired her.

Should I fire her? She has not done one thing that I asked her to do and seems to have a ''relationship, collegial'' with opposing counsel.

Please help,


Asked on 12/01/06, 3:31 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: what are the inheritance rights of a mentally ill man

In regard to your attorney, the relevant issue would appear to be not whether "she has done one thing which[you've]asked her to do", but, rather whether she has responded in a (legally)reasonable way to the particular relevant facts and the law that may be applicable to your particular situation.

In order to answer that question much more information would appear to be needed beyond what you've provided here in your question.

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Answered on 12/02/06, 11:30 pm


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