Patient With Dementia May Have Authored Valid Will
NOVEMBER 7, 2011 VOLUME 18 NUMBER 38 A woman has been diagnosed as suffering from dementia of the Alzheimer’s type, and she resides in an assisted living facility. She has short-term memory loss, is frequently forgetful and has difficulty with tasks like playing cards and operating her television set. Can she sign a new will? […]
Agents Under Power of Attorney Justify $20 Million in Expenditures
OCTOBER 11, 2010 VOLUME 17 NUMBER 32 Imagine this: you have a long-standing history of philanthropy and community involvement. You have substantial assets and you feel that you should use some of them to enrich the community where you live, where you made your fortune, and where your children were raised. Your spouse agrees with […]
Court Distinguishes Between Undue Influence, Incapacity
DECEMBER 28 , 2009 VOLUME 16, NUMBER 66 Contrary to public perceptions, will contests are actually rare. In fact, few wills are written in such a way that anyone would benefit from a contest — most wills leave property to the same people who would inherit if there was no will. When there is a […]
Protecting Clients From Their Own Mistakes Can Be A Challenge
DECEMBER 14 , 2009 VOLUME 16, NUMBER 64 Preparation of an estate plan is more than the individual documents. A good attorney considers the client’s circumstances and wishes, and analyzes the best course of action. The process requires the attorney and the client to communicate, and to work together. Too often, however, problems arise after […]
“Full Faith and Credit” Applies In Two-State Probate Actione
APRIL 5, 2004 VOLUME 11, NUMBER 40 A Florida court found Alvarado Kelly incompetent in 1960, and appointed a guardian to manage his property. Fifteen years later Mr. Kelly moved to a facility in Mississippi operated by Sarah Cuevas; he lived in that facility until his death twenty five years later. After his death Mr. […]
Proponent of Invalid Will Must Pay Attorney’s Fees to Family
JANUARY 19, 2004 VOLUME 11, NUMBER 29 Edmond and Elma Crittell befriended Violet Houssien and, according to Ms. Houssien’s family, set about getting the older woman to write a new will. Some of the evidence in the later will contest proceeding indicated that they may have even forged her signature on the will and, in […]
Niece’s Will Contest Dismissed Because She Lacked Standing
SEPTEMBER 16, 2002 VOLUME 10, NUMBER 11 Adelaide Briskman was 82 when she died in Florida. She left property in that state and in Pennsylvania, and a will that she had signed just five months before her death. She also left a controversy between her family and the beneficiary she had named in her will. […]
Unsuccessful Challenge Costs Claimant And His Attorney
JANUARY 21, 2002 VOLUME 9, NUMBER 30 Despite the popular notion that it is easy to attack a decedent’s estate plan, successful challenges are actually quite rare. It is seldom possible to mount a challenge just because the decedent’s plan seems unfair, or because the decedent “always wanted” some other distribution. In fact those who […]
Claimant In Will Contest Not Entitled To Trial By Jury
NOVEMBER 26, 2001 VOLUME 9, NUMBER 22 Alaskan Lillie M. Rahm was in her early nineties when she first met handyman Robert Riddell, then in his mid-sixties. Their friendship grew quickly, and Mr. Riddell moved in with Ms. Rahm within a few months. Two years later friends and relatives instituted legal proceedings that lasted well […]
Trial Court Must Decide If Deed Obtained By Undue Influence
MARCH 13, 2000 VOLUME 7, NUMBER 37 “Undue influence” is usually thought of in connection with provisions in a will. It can also be cited in attempts to set aside transfers made during life, as a recent North Carolina case illustrates. In early 1996 Irene J. Stephenson signed a deed conveying her home and sixteen […]
Insurance Saleswoman Unduly Influences Wisconsin Man
AUGUST 23, 1999 VOLUME 7, NUMBER 8 Vanessa Henningfeld first met 71-year-old George Milas when she visited his Wisconsin home to sell him a long-term care insurance policy. The two of them quickly became friends. Mr. Milas had a number of problems to deal with. He had a heavy Lithuanian accent that made it hard […]
Pre-Death Transfers By Two Seniors Invalidated As Frauds
NOVEMBER 24, 1997 VOLUME 5, NUMBER 21 Two recent cases, from the courts of Wisconsin and Tennessee, set aside transfers of property made by seniors prior to their deaths. While the circumstances are different, the two cases illustrate some of the typical motivations for gifts to children, as well as the possible effects of such […]
