For the first time, a California appellate court has said that when a conservator seeks court approval of an estate plan, while the subject is living, any challenge to the will must be raised at that hearing -- not when the person dies.
According to attorney David Baer, the appellate decision is the first in the country to say attacks on wills would be barred after the estate owner dies, if there has been a court-approved substituted judgment.
According to Baer, the opinion essentially bulletproofs the will of a person found incompetent and placed under the protection of a conservator, if the court OKs a revised estate plan.
Full Article and Source:
In Appellate First, Attacks on Wills Barred After Estate Owner Dies
First Appellate District:
Murphy v. Murphy
According to attorney David Baer, the appellate decision is the first in the country to say attacks on wills would be barred after the estate owner dies, if there has been a court-approved substituted judgment.
According to Baer, the opinion essentially bulletproofs the will of a person found incompetent and placed under the protection of a conservator, if the court OKs a revised estate plan.
Full Article and Source:
In Appellate First, Attacks on Wills Barred After Estate Owner Dies
First Appellate District:
Murphy v. Murphy
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