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Home→Tags Donative capacity

Tag Archives: Donative capacity

Evaluating Testimony of Witnesses

In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of … Continue reading →

Posted in Opinions | Tagged Clear and convincing evidence, Donative capacity, weakened intellect

Will, Power of Attorney, and Deeds Voided for Undue Influence and Lack of Capacity

Woman who had been diagnosed with Alzheimer’s nine years before, and whose mental capacity had continued to decline, was adjudicated incapacitated and the two daughters who had helped to take care of her and her husband before his death were … Continue reading →

Posted in Opinions | Tagged Capacity to execute power of attorney, Donative capacity, Undue influence

Agent Surcharged for Lifetime Transactions, Counsel Fees Reduced

Lifetime transfer of real property from decedent to son was voided due to lack of donative capacity and undue influence, so son must return proceeds of sale of property to the estate, along with mineral royalties received for the property.  … Continue reading →

Posted in Opinions | Tagged Agent's liability, Counsel fees and costs, Donative capacity, Undue influence

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