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In re Estate of Minton

Opinion Date 2014-01-30
Citation Not Reported in S.W. Rptr.
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  • Court Line: Corpus Christi-Edinburg
  • Citation: Not Reported in S.W. Rptr.
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: Yes
  • Death Date: 2010-12-02
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 87
  • Will Age by Days: 252
Details
Contestant(s):
Estate Administrator

Contestant was administrator of estate (the beneficiaries of which were children). Proponent was recent friend.
  • Testator Male or Female: Male
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown
  • Prevailing Party in Trial Court: Contestant
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Contractual
  • Estate Value: $ 433000.
  • Alleged Ailments: Dementia - Non-Specified
  • Parallel Cite: 2014 WL 354527
  • Docket Number: 13-12-00026-CV
Outcomes
  • Our Summary:

    Evidence supported finding of incapacity to change beneficiary on payable on death accounts. Decedent resided in nursing home, was belligerent, confused, covered in soiled clothing, and made poor decisions.

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