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 […]
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 […]
Contract Not To Change Will Is Enforceable Against Estate
AUGUST 25, 2003 VOLUME 11, NUMBER 8 Any competent adult can sign a will disposing of his or her property—unless he or she has agreed not to do so. Though they may seldom be used, the law of most states permits individuals to enter into a contract not to change their wills (or, for that […]
Two Lawyers Suspended For Including Themselves in Wills
APRIL 21, 2003 VOLUME 10, NUMBER 42 In recent weeks two Maryland lawyers have lost their licenses to practice law for the same offense. Both wrote themselves into wills they prepared for their clients. Even though each lawyer had a longstanding personal relationship with the client, and there was no evidence of coercion or influence, […]
Lawyer Never Met With Client, and Will He Prepared Is Invalid
DECEMBER 2, 2002 VOLUME 10, NUMBER 22 Involving a lawyer usually helps to ensure that one’s wishes are carried out after death. As reported in last week’s Elder Law Issues, however, that is not always the result. It is important that the lawyer actually meets with and counsels the person signing a will—as is demonstrated […]
Beneficiary of Unsigned Will Not Permitted to Sue Attorney
NOVEMBER 25, 2002 VOLUME 10, NUMBER 21 In most cases writing a will is not terribly difficult. Making sure the will is effective can sometimes be more challenging. Involving a lawyer is supposed to make the process easier and the results more effective, but it does not always work out that way. Dr. Warren Sisson, […]
Promise Made To Companion Enforceable Against Estate
NOVEMBER 18, 2002 VOLUME 10, NUMBER 20 Arthur Roccamonte was married, the father of two children and the owner of a trucking business in New Jersey when he met Mary Sopko. Ms. Sopko was also married, and had one daughter. Mr. Roccamonte, attracted to Ms. Sopko, pursued her and the couple embarked on an affair […]
Property Owned In Living Trust Is Not Affected By New Will
NOVEMBER 4, 2002 VOLUME 10, NUMBER 18 When Robert J. Furst wrote a new will at age 87, he probably thought he was taking the steps necessary to ensure that his two nieces would receive all his assets. The lawyer who prepared the new will, however, did not know that most of Mr. Furst’s assets […]
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. […]
Unsigned Will Invalid Despite Clear Intentions of Decedent
SEPTEMBER 9, 2002 VOLUME 10, NUMBER 10 Christel McPeak thought she had done her estate planning properly. She had hired an attorney, reviewed drafts of a will, durable power of attorney for financial purposes and health care directive, and she had approved the drafts. Then she went to her lawyer’s office and signed the final […]