ts are flawed and understand that a lower score on a quick tests should trigger more complete testing NOT a diagnosis.
In Texas, a Man Blinked His Valid Will
In this case, a man who was in the middle of a divorce was in a serious accident which left him a quadriplegic. In the hospital, he was also intubated so he could not speak. He could only communicate by blinking his eyes to indicate yes or no.
Using the blinking system, his attorney drafted a will for the patient and directed a notary to sign the will for him. After the patient died, his estranged wife tried to probate an earlier will before his sister tried to probate the new will. In a jury trial, the court admitted the new will but awarded the wife nearly $200,000 in attorney’s fees. Both women appealed and the court of appeals affirmed the new will and rejected the wife’s award $200,000.
The will was valid because:
- Texas law allows a notary to sign for someone who cannot sign for himself. (This is also true in Delaware.)
- The patient was mentally competent based on: medical records that he did not have a head or brain injury and he was lucid; his attorney’s assertion the man knew his family members and his assets; a doctor’s examination which showed he was able to make decisions.
- His sister did not exert undue influence, based on the attorney’s statements about his interactions with the patient.
The court determined the wife should not receive $200,000 because she was not acting in good faith.
Your will is an important part of a comprehensive estate plan. If you are ready to begin working with us on both, call 302-651-0113 for an appointment.