I'm concerned what will happen to my 93-year-old father's estate when he dies since he has dementia and did not create a will. His wife of four years claims I have no rights. Is that true?
My 93-year-old father has dementia. He married his second wife, who is 91, four years ago. He did not make a last will and testament, and cannot legally make one now because of his dementia. He is not expected to live much longer because of heart problems. My sister and I are concerned about what will happen to his estate after he dies.
The probate court appoints an administrator, usually the deceased’s spouse or his/her children. You could petition the court to appoint you or your sister, or an independent third party. In most states, you have a limited amount of time to act — typically, 30 days — and it must be done in writing. You would need to provide just cause: dishonesty, incapacity. Personality clashes don’t count.
Ultimately, your stepmother may be left with fewer assets than she anticipates. I hope you can resolve this situation and ensure that your father is comfortable during the time he has left. By submitting your story to Dow Jones & Company, the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms, including via third parties.
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