Without “Testamentary Intent” Handwritten Note is Not a Will
OCTOBER 27, 2003 VOLUME 11, NUMBER 17 In 1978, shortly after his mother’s death, Donald Gilbert wrote this note on a three-by-five note card: “Dear Lillian, 11-27-78. I’ve been very depressed—I can’t stop crying for Mom—in my death I’ve left everything to you and the children. Don’t be angry with me. Love, Don. Mr. Gilbert […]
Probate Court’s Appointment of Agent as Guardian Reversed
OCTOBER 20, 2003 VOLUME 11, NUMBER 16 When Jessie Simmons signed powers of attorney giving her son Donald authority to handle her personal and financial affairs, she probably thought she was doing the right thing. After all, a power of attorney makes it easier for family members to take care of what needs to be […]
Probate Court May Bypass Ward’s Choice Of Conservator
MAY 19, 2003 VOLUME 10, NUMBER 46 When a person is no longer able to manage his or her own affairs, it may be necessary for a court to appoint a guardian (of the person) or conservator (of the estate). Who should be appointed? In most states the courts start from the presumption that family […]
Father’s Promise To Establish Trust Enforceable After Death
JANUARY 18, 1999 VOLUME 6, NUMBER 29 Jack and Frankie Bemis were divorced in Nevada in 1972. At the time, Jack was expecting a distribution from a California trust within the year. As part of the divorce settlement, he agreed (and was ordered) to set up a $25,000 trust for the benefit of the couple’s […]