Wills and Estates

In preparing a will, how will an attorney determine if the the client has legal capacity? This question pertains to my 88 year old mother who suffers from senile dementia.

I am Trustee of an Irrevocable Bypass/Unified Trust (Testamentary Trust), which was setup in 1992 by my Aunt Anne's husband who died in 1992. This trust was to distribute income to my aunt until her death. According to his will,upon Anne's death, the principle was to be distributed to my brother and me, with no mention of successor beneficiaries. My brother passed away in 2005. On March 9, 2009 my Aunt Anne died and now I am the only living beneficiary. I am using Aunt Anne's Attorney to finish this trust and make distributions. This attorney isn't sure if all the assets go to me, the only surviving beneficiary, or if my brother's half should go to his wife and children. Note: he was not a blood relative of the deceased uncle and there was NO ONE mentioned in the will other than my brother and I. This attorney says that we must take this to Orphan's court to be decided OR to have my brother's family sign off OR have them and me sign an agreed upon amount. Without involving Orphan's Court, can you give me an answer as to who receives these funds -- either me 100% or split it with my brother's family? Also, is it a conflict of interest for me to use my Aunt's attorney to represent me and my interests in this matter, since he is the one who prepared her will and her trust?

My aunt passed away. There was no will. She had no children. She had one brother and 2 sisters all are deceased. The next living kin are nieces and nephews from all brothers and sisters. How is the estate divided. Do each of the nieces and nephews get the parents share and divide it amoung the group or is the estate divided equally between the nieces and nephews?

We filled out a will and power of attorney for my mother and and had it signed and notorized. Does this need to be filed with a legal agency?

My sister, with whom I was very close, had told me, a niece, and another sister that she wanted to add my name to the deed of her home. She had an extensive portfolio of investments with my other siblings as beneficiaries. I was not then named as a beneficiary on any of those. When she became hospitalized for cancer, she had my sister call to have me come to Washington, DC to talk with her investment advisor to add my name to the deed of her home. She became increasingly more ill, had surgery, hospitalization, then died intestate without either of those wishes having been fulfilled. During her illness, I traveled from Boston (where I live) to be with her approximtely every 2 weeks from August until her death. Now I, among my 5 siblings, am not named as beneficiary on any of her bank accounts or investments. Since I was to inherit her house, I am unfairly excluded from any other of her assets (including the house). My sister, who she had call me and to whom she entrusted to handle her affairs while ill, will testify to my sister's intentions regarding me. My other siblings express no willingness on their own to share or include me in the relatively large inheritance they will receive as named beneficiaries. Even if I receive any part of her assets with no named beneficiary, it will be less than some children of 4 deceased siblings (many of whom never met my sister and had no relationship with her) will receive under Probate rules. I was unintentionally and now unjustly excluded due to her incapacity caused by the graveness of her illness and untimely death. With my sister's and my niece's testimony as witness to her intentions regarding me, do I have a chance of receiving her house when the estate is divided? There would be a discenting sibling who wants the house for herself in spite of receiving most of my sister's large bank assets. She died in Washington, DC. My deceased sister lived in and died in Washington, DC. She was unmarried, no children, parents deceased; 6 surviving siblings, 4 predeceased siblings--one is named beneficiary and each with adult children. I am the youngest, no children, and not a home owner.