My uncle who is dying from cancer wants to bequeath his entire multimillion estate (a 100 acre fruit & nut farm) to his only remaining living son, who suffers from severe schizophrenia and antisocial disorder. Would his son even be considered legally competent to receive and manage an estate?
I am not sure if you are talking about a will where your uncle could bequeath whatever he owned to someone who has challenges, or if you are asking about a trustee managing a trust which is a very different issue.
Please consult or retain a lawyer for your particular issue.
He should establish a Special Needs Trust and use a bank or trust company to serve as Trustee. See Avvo.com under the link 'Find-A-Lawyer' and then enter 'Estate Planning' or 'Elder Law'. Good Luck.
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Whether the son has legal capacity to inherit would depend on whether he has legal capacity to manage his affairs, It's possible to suffer from schizophrenia and antisocial disorder but be mentally competent- if he is not competent he would need a conservator appointed to manage his affairs- if he is inheriting in a trust then the trustee would manage the inherited assets.
Maybe. Person with schizophrenia and antisocial disorder may be beneficiary and successor trustee. Depends on extent of diseases.
Uncle may wish to consider special needs trust to protect son's interests.
It sounds like your uncle is still alive. If you have a decent relationship with him, recommend that he talk with an estate planner so that his wishes will be realized after his death. This can be an issue especially if the will or other documents were prepared decades earlier under different circumstances.
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