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Can my brother make a will to transfer his properties to me?

Can my brother make a will to transfer his properties to me?

Full question:

My brother is mentally challenged and lives with me. Our parents died 5 years back, since then I have been taking care of my brother. There are a couple of properties in my brother’s name and I manage them for my brother. Can he transfer those properties to me by making a will in this regard?

Category: Wills and Estates
Date: 04/07/2025
State: Virginia

Answer:

In Virginia, a person who is considered of unsound mind cannot make a will. According to Va. Code Ann. § 64.2-401, individuals are not capable of making a will if they are (i) of unsound mind or (ii) an unemancipated minor. Therefore, your brother may not be able to create a will to transfer his properties to you.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

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Caring for a disabled sibling can be challenging but rewarding. It's important to ensure they receive proper medical care and support. You may also want to explore legal options for guardianship or power of attorney if necessary. This can help you manage their affairs and make decisions on their behalf. Additionally, consider seeking community resources or support groups that can provide assistance and guidance.

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Growing up with a disabled sibling can shape your perspective on life and relationships. It may foster empathy, responsibility, and resilience. However, it can also lead to feelings of frustration or resentment at times. Each individual's experience is unique, and it’s important to seek support if you feel overwhelmed. Open communication within the family can help address any emotional challenges.

What to do with a disabled sibling?

If you have a disabled sibling, focus on providing emotional and practical support. Ensure they have access to necessary services, like healthcare and therapy. You might also consider advocating for their rights and exploring options for financial support, such as government assistance programs. Building a supportive network with family and friends can also be beneficial.

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If a sibling has cut you off, it’s important to respect their boundaries while also seeking to understand their reasons. Consider reaching out to express your feelings and desire to reconnect. If they are open to it, a calm conversation can help resolve misunderstandings. If communication remains difficult, it may be helpful to seek support from a mediator or counselor.