Full question:
My aunt is under my care. Her husband made a will in her favor before his death. Can she waive her rights in the will. She is mentally disabled. So can I do it on her behalf?
- Category: Wills and Estates
- Date:
- State: Vermont
Answer:
Yes, she can waive her interest in those properties and if she wants she can also elect to take half of the balance estate left after paying claims and expenses. Since she is mentally disabled and cannot make an election personally, you can make the on her behalf under a valid durable power of attorney.You can have a look at the relevant law in this regard below:
14 V.S.A. § 319
Waiver of will by surviving spouse
(a) A surviving spouse may waive the provisions of the decedent's will and in lieu thereof elect to take one-half of the balance of the estate, after the payment of claims and expenses.
(b) The surviving spouse must be living at the time this election is made. If the surviving spouse is mentally disabled and cannot make the election personally, a guardian or attorney in fact under a valid durable power of attorney may do so.
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.
