Incompetent Testator’s Flawed Will Now Being Challenged by Children

As an estate planning attorney, I’ve seen my fair share of botched wills and incompetent testators. But the case of Mrs. H. takes the cake.

Mrs. H. was a well-to-do woman in her early 80s who had always been rather absent-minded. Despite her wealth and family’s urging, she had never gotten around to writing a will.

Finally, in her declining years, Mrs. H. decided it was time to get her affairs in order. She enlisted the help of a paralegal, who promised to draft a will that would fairly distribute her assets among her children.

But unfortunately, it seems the paralegal was more interested in a quick payout than in doing a thorough job. The will that was produced was riddled with errors and inconsistencies.

For starters, the will failed to adequately provide for Mrs. H.’s disabled son, who was left with only a small fraction of her estate. Additionally, the will contained numerous gifts to charitable organizations that Mrs. H. had never expressed any interest in supporting.

To make matters worse, the will was signed in a rushed and haphazard manner, with no witnesses present. It’s clear that Mrs. H. was not of sound mind when the will was executed.

As a result, Mrs. H.’s children have challenged the will in court, alleging that their mother was incompetent at the time it was written. They are fighting to have the will overturned and to have a more accurate reflection of their mother’s wishes put in place.

It’s a sad and unfortunate situation, and one that could have been easily avoided with proper planning and legal guidance. It’s a reminder to us all to take the time to carefully consider our end-of-life plans, and to seek out reputable and competent legal representation to ensure that our wishes are carried out.

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Greg McIntyre
Estate Planning & Elder Law Attorney
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Greg McIntyre, JD, MBA

Meet Greg McIntyre

Greg McIntyre, founder of McIntyre Elder Law, is more than just an attorney. As a Navy Veteran, father to six kids, and a loving husband, he values family deeply. This drives his commitment to helping clients safeguard their futures and pass down legacies.

Greg has a passion to help people. Beyond just legal advice, he loves having conversations and strives to build a long-term relationship with every clients that comes through his door.

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