Legal Question in Family Law in Washington

Re: Succession Law

If a US court gets personal jurisdiction over the person, then they could appoint someone to oversee their property while they are incapacitated. There are also options for litigating regarding real property in a US state.

Re: Succession Law

I'm not sure that answers your question. Nobody can write a will for an incapacitated person. Their estate would pass under the intestacy statutes which provides for a basic distribution to persons who are presumably heirs.

Elizabeth Powell

Re: Succession Law

If the person is actually lacking testamentary capacity the answer is no. If the person was subject to a guardianship, a court may approve having a will done by the person subject to the guardianship. This would be done by motion and there would have to be evidence, to support the position that the person had testamentary capacity. The court would almost certainly require professional testimony or a report from the person's physician and a mental health professional on the capacity of the person to understand what a will is and a general capacity to understand what they have in their estate and who they are leaving it to.