JD Supra

Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity

People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a ...
JD Supra

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 ...
Law

The Estate Planning Attorney's Role in Establishing Testamentary Capacity

Whether a decedent had sufficient testamentary capacity to make a will arises frequently in trusts and estates practice. Was the decedent of "sound mind" with the necessary mental ability to ...
The National Law Review

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...