It’s a fact. People are living longer than they did in 1913. Medical advances and preventive health care are allowing seniors to live an average life well into their late 70’s and early 80’s.
However, with this, more problems are beginning to arise where our loved ones are concerned. Dementia and Alzheimer’s can adversely affect a person’s ability to make a will that reflects their final wishes.
People live longer, which means that there is often more family and/or money that can be a factor when that person passes. It’s not that people are necessarily being outright malicious, but the complexity of the family unit today: divorces, step-children, same-sex partners, adoptions, and so forth; can complicate legal matters.
In the cases of disease that affects the mind, the case has arisen when family members can coerce the older family member to change their will or give them money or valuables while they are still alive. The senior, not in a proper state of mind, can give over property that they wish someone else to own. It is very difficult for an elderly parent to not trust their instincts and “help out” their child or grandchildren in need. Unfortunately, the same people the trust is given to are willing to take advantage of the situation.
There are some measures that you can take to avoid these situations like those mentioned above:
• Have a will completed before you get sick or are diagnosed with memory disorder.
• Never change your will without consulting with someone that IS NOT the family member you are bequeathing your possessions.
• Never sign anything without a third party present who can ensure you are of sound mind.
• Find out the laws in your state if you have a question about your will for situations such as non-family members, same-sex partners, or inheritance being left to a charity or corporation.
If you would like more information on ensuring that your will reflects your wishes, contact the Kabb Law Firm at 216.922.KABB (5222)
