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, your aunt can waive her interest in the properties mentioned in the will. If she chooses, she can also elect to take half of the estate left after paying claims and expenses. Since she is mentally disabled and cannot make this election herself, you can do it on her behalf if you hold a valid durable power of attorney.
Refer to the relevant law: 14 V.S.A. § 319, which states that a surviving spouse may waive the provisions of the decedent's will and elect to take half of the remaining estate. If the surviving spouse is mentally disabled and unable to make the election personally, a guardian or attorney-in-fact under a valid durable power of attorney can make this election.
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.