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Alzheimer's Effect on Testamentary Capacity
Alzheimer's Effect on Testamentary Capacity Cartoons

Alzheimer's Effect on Testamentary Capacity

In re Estate of Washburn; Every person is presumed to be sane, unless there is evidence produced to rebut the presumption of capacity; testamentary capacity.
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Related Cartoons

In Re Estate of Wright
In Re Estate of Wright
Subscribing witnesses have duty to be satisfied of testator sanity before they subscribe will. Contest; testamentary capacity; unsound mind.
Stevens v. Casdorph
Stevens v. Casdorph
Decedent signature must be in presence of two competent witnesses, both of whom acknowledge decedent signature in presence of each other. Attesting witness.
Egelhoff v. Egelhoff
Egelhoff v. Egelhoff
When federal and state statutes conflict, federal statute preempts state requirements. Employee benefit plan; Employee Retirement Income Security Act; pension; ERISA; preemption; slayer rule.
Arnheiter v. Arnheiter
Arnheiter v. Arnheiter
Court has no power to correct or reform will or change any of language therein by substituting or adding words, but may disregard obviously mistaken references when necessary. Mistake vitiatie.
Lawyer Disclosure of Confidential Information
Lawyer Disclosure of Confidential Information
A v. B; A lawyer may disclose confidential information about one client to another client if the matter is an exceptional case with a compelling reason for disclosure.
Eccentricity Is Not Testamentary Incapacity
Eccentricity Is Not Testamentary Incapacity
Wilson v. Lane; Testamentary capacity; eccentricity or strange beliefs do not mean that a person is incapable of making a will, provided the person can form a rational desire regarding the disposition of his or her property; incapacity.
Anti-Lapse Statute Is Presumed To Apply
Anti-Lapse Statute Is Presumed To Apply
Ruotolo v. Tietjen; If a testator wishes to avoid the application of the anti-lapse statute, he or she must either unequivocally express that intent, or provide for an alternate bequest.
Deposits Paid on Death Are Testamentary
Deposits Paid on Death Are Testamentary
In re Estate of Atkinson; Deposits that are payable on the death of the depositor are testamentary and are included in a decedent's estate.
Children Born After a Will Is Executed
Children Born After a Will Is Executed
Gray v. Gray; A child born after the execution of a will may not claim a share of the estate if the will left substantially all of the estate to the surviving parent, and the testator had another child when the will was drafted who was omitted from the will.
Attorney Fees
Attorney Fees
Estate of Stevenson; estate administrator; contingency fee agreement; greedy lawyers.
Fiduciary Liability
Fiduciary Liability
Trustee liability; administrator liability; executor liability; beneficiary lawsuit.
Assets Payable Upon Death
Assets Payable Upon Death
In re Estate of Myers; the assets available to satisfy a surviving spouse's elective share of the decedent spouse's estate do not include assets that are payable on death to others