Maybe you are an estate lawyer planning to commence a court proceeding to approve an accounting, determine the validity of a will, or seek instructions on an administration issue. Or you are drafting a nonjudicial settlement agreement under our Trust Code. You turn to your client for a list of the beneficiaries, including where they live and whether they are minors.   

Your client gives you that list, but (perhaps even in passing) tells you about S.T., one of the beneficiaries. “She’s a very smart woman,” your client says, “but she got hit in the head at work a few years ago.” You wonder: can S.T. be joined in the proceeding or sign that agreement? You ask your client to tell you more. “Well,” your client says, “she’s on disability. I was told she had a concussion, but then I heard it was a ‘traumatic brain injury.’”

Dealing with Impaired Beneficiaries

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]