Monthly Archives: February 2015

Why You Should Avoid Filming a Will Signing

With few exceptions, filming or recording a will signing is usually a bad idea. Nevertheless, some estate planning attorneys still film certain will signings under the assumption that videotaping a will signing will provide tangible “proof” that the person executing the will was not suffering from a lack of testamentary capacity at the time of execution. There are several reasons why, in most instances, this is a bad idea. First some background: in order for a will to be valid, the person executing the will (often referred to as the “testator”) must have “testamentary capacity” (which, in most states, is …

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Posted in Disinheriting Family Members, Trust Disputes, Undue Influence, Will Disputes \ Comments Off on Why You Should Avoid Filming a Will Signing

Waiting for Atticus Finch

Harper Lee Allegations Show the Importance of Proper Actions by an Agent Under a Power of Attorney The media and publishing world has been abuzz the past few weeks with news that Harper Lee – the author of the famed novel To Kill A Mockingbird – plans to publish her first novel in over 55 years. Described as a sequel, the new novel Go Set a Watchman is set to be released this coming summer. Recently, several media outlets have published reports from acquaintances of the 88-year old Ms. Lee implying that publication of the new novel is contrary to Ms. …

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Posted in Celebrity Estate Disputes, Elder Law Disputes, Fiduciary Duties, Power of Attorney Disputes \ Comments Off on Waiting for Atticus Finch