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Healey v. Healey

Opinion Date 2017-07-12
Citation 529 S.W.3d 124
Read on WestLaw
  • Court Line: Tyler
  • Citation: 529 S.W.3d 124
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Probate Court: No
  • Death Date: 2013-06-01
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 86
  • Will Age by Days: 144
Details
Contestant(s):
Son
Proponent(s):
Proponent(s):
Daughter, Son
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown
  • Prevailing Party in Trial Court: Proponent
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Contractual
  • Cognitive Deficits Proper: Unspecified Dementia
  • Alleged Ailments: Dementia - Non-Specified
  • Parallel Cite: 2017 WL 2962835
  • Docket Number: 12-16-00007-CV
Outcomes
  • Our Summary:

    Trial court erred by refusing to submit capacity question where proponents and treating physician admitted that mom and dad had mild to severe dementia when they signed the power of attorney. However, the error was harmless in light of the remaining issues.

Summaries
  • English Speaking Testator: Yes
  • Reversed on Capacity Issue: No
  • Reversed on Undue Influence: No

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