What Is Testamentary Capacity?
In order to create a valid will, Florida law requires that a testator have the mental capacity to understand the nature of his or her assets, the beneficiaries to whom those assets will be designated, and the nature of the designations made. A will can be declared void based on a finding that the testator lacked the requisite mental capacity at the time the will was executed.
In circumstances where the decedent suffered from Alzheimer’s, dementia, psychosis or other types of mental infirmity, family members often question whether the decedent was capable of making critical decisions with regard to the will. These concerns are often heightened in situations where the decedent made sudden and profound changes to the will that did not align with his or her previous intentions, or where one or more children were excluded as beneficiaries.
An Experienced Lawyer Can Protect Your Rights
If you are concerned that a loved one executed a will while suffering from lack of capacity, or if you have been accused of taking advantage of a loved one with a lack of capacity, the Law Office of David M. Garten, Esq., can help. For more than 25 years, we have provided clients in West Palm Beach and surrounding communities with cost-effective, quality legal representation, coupled with one-on-one personal attention.
Attorney David M. Garten is a highly respected trial lawyer with a long history of achievement in the courtroom. He has extensive experience handling probate litigation matters involving issues of incapacity. As your legal counsel, he will aggressively protect your rights and interests.
Contact Attorney David M. Garten
Call our firm at 561-689-0054 to discuss your questions and concerns with an incapacity attorney in West Palm Beach. You can also contact us by email. We represent clients throughout Palm Beach County, Martin County and Broward County.