Debts Not Forgiven At Death Without Proper Documentation
FEBRUARY 4, 2002 VOLUME 9, NUMBER 32 Virginia Lee Bessett was fond of Edwin Huson. Ms. Bessett loaned Mr. Huson money several times over a two-year period. For each loan, Mr. Huson signed a promissory note that Ms. Bessett held as evidence of the loan. Upon Ms. Bessett’s death, a sealed letter addressed to Mr. […]
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 […]
“Intentional Interference” Tort Claim Recognized in Alabama
FEBRUARY 12, 2001 VOLUME 8, NUMBER 33 Leland and Christine Belcher were married for forty years, but never had any children. After Leland died, Christine Belcher met and married David Yates. Under the law of Alabama (where the Yates’ lived), David Yates would inherit all of Christine Belcher Yates’ estate if she died before him—unless […]
Sixteenth Century Statute Reviewed By Colorado Courts
JANUARY 29, 2001 VOLUME 8, NUMBER 31 Under English practice before the sixteenth century there were no standardized requirements for making a valid will. Disposition of a decedent’s property was determined by each court under local rules and customs, and the actual division was therefore unpredictable. Henry VIII approved Parliament’s “Statute of Wills” in 1540, […]
Retirement Plan Beneficiary Designation Controls Despite Will Provisions
DECEMBER 11, 2000 VOLUME 8, NUMBER 24 “Estate planning” means more than just preparing and signing a will. The families of Donald and Mary Perkins learned that even when a will is in place, there still may be problems. Mr. and Mrs. Perkins had both been married before. Each of them had three children from […]
Will Omission Does Not Entitle Estranged Son to Inheritance
JULY 24, 2000 VOLUME 8, NUMBER 4 The general public is frequently misinformed about wills and estate planning. One pervasive notion is that a will must leave some token amount to every child (or other relative) in order to disinherit that individual. While the most frequent formula is to leave $1.00 to each individual, one […]
Despite Dementia Diagnosis, Wyoming Man’s Will Is Valid
FEBRUARY 7, 2000 VOLUME 7, NUMBER 32 Two years before Erwin W. Schlueter died in 1997 at age 85, he had completed his estate planning. He had signed a will, a durable power of attorney for financial matters and a durable power of attorney for health care. When his relatives contested the validity of the […]
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 […]
Disinherited Sister Has No Claim Against Brother’s Lawyer
AUGUST 9, 1999 VOLUME 7, NUMBER 6 Walter Heine never married and never had children. His closest relative was his sister, Alma Francis. In 1987, after Mr. Heine suffered a stroke, the Minnesota courts appointed a conservator to handle his money. Before his stroke, Mr. Heine had never gotten around to making out a will. […]
Will Was Not Revoked By Written, Signed “Revokation”
JULY 19, 1999 VOLUME 7, NUMBER 3 Jose C. Martinez lived and died in Belen, New Mexico. Mr. Martinez was the father of ten children, and in 1984 he had signed a will leaving his real estate to two of the children. In 1995, Mr. Martinez signed a document called “Revokation of Last Will and […]
