It matters little, if at all, how smart the person is or how brilliant her attorney is if one critical component is not met—mental capacity! The mental capacity for Wills and Revocable Trust Agreements MUST be present for any bequest to be valid.
June 22, 2017
Lexis Nexis claims that 55% of American adults do not have a last will and testament or some kind of an estate plan. This means that more than half of American estates have their personal assets pass via intestacy – without a will and pursuant to the statutory scheme of the state where they live.