Against Your Will

In the past 5 years there has been an explosion of litigation attacking the validity of a decedent’s will.  This article discusses the factors that have contributed to this phenomenon and provides guidance to the reader on what steps to take to make sure that your assets will not be distributed against your Will.

We start with the assumption that all of us are going to die.  Some of us will die sooner than others, some will have advance notice, and some will not.

Most of us spend our lives accumulating possessions and assets with the intent to distribute our holdings according to our wishes.  This can be done through a Will or, in more complex cases, through a Trust.

If you don’t have a Will, the government will decide how your possessions are to be distributed.  If you have taken the time to prepare one or more Wills or Trusts, the next question is whether or not your final Will or Trust actually distributes your assets in accordance with your independent wishes.

As we get older, two things generally occur.  One, we start to lose some of our mental capacity.  Secondly, we become more vulnerable to outside influences.   Our senior citizens today have been referred to as the greatest generation.  One of the reasons for this title is the fact that they were frugal and hardworking.  As a result, our senior citizens today have more accumulated wealth than any prior generation.  This wealth has caused more and more children, relatives, caregivers, and new spouses to exert “undue influence” on these individuals so they can receive more of that person’s property than they deserve or was intended by the Testator (the individual signing the will).

Before preparing a Will or a Trust, an experienced attorney will ask the Testator questions to make sure that the Testator knows what he or she is doing and that he/she knows what property and assets they own.  Therefore, the question of mental capacity alone is usually not an issue.  However, with increasing frequency, we are seeing a wide variety of cases where family members, children, friends, care givers, new spouses, etc., are applying significant pressure and influence to get individuals to make decisions regarding their property that they would not have ordinarily made.  Even if the lawyer asks the Testator if this is what they want to do, their acknowledgement may be the result of the pressure they have been under to distribute their property in a manner that they never intended. 

Therefore, undue influence can and usually does occur without a lawyer’s knowledge.  As a result, the assets and belongings which were accumulated over that person’s lifetime, can be distributed  in a Will or Trust in a manner that is truly against that person’s  will.  These cases can have a devastating effect on families and result in permanent emotional and financial damage.

Without question, the best way to make sure that your lifelong possessions are distributed in accordance with your wishes is to have a Will and or Trust prepared by an experienced and qualified lawyer who understands the best ways to make sure that the Testator’s wishes are set forth in these documents and that the documents will be enforceable.  However, if you believe that a loved one has been subjected to undue influence, you should immediately consult with a competent attorney with experience in this area to see if the Will or Trust contains provisions that do not truly reflect the Testator’s will.  

If you have any questions about the preparation of a Will or Trust or if you are concerned that a Will or Trust was prepared in a manner that does not reflect the Testator’s wishes, please feel free to contact us.  You have Too Much at Stake not to protect your legal rights.

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Testicular Torsion

A male’s testicles are one of the most sensitive parts of his anatomy. It is no wonder why self defense instructors advise their students to concentrate on this area of the body for attack. In addition to trauma, the other two most common causes of testicular pain are infection and torsion. Testicular torsion is a serious emergency.

Testicular torsion is most common in boys and young men. It occurs when the spermatic cord which is attached to the testicle is twisted resulting in a loss of blood flow to the testicle.  The twisting usually occurs spontaneously. It may be the result of activity or it can even happen while you are sleeping. Testicular torsion is extremely painful and must be properly diagnosed and treated quickly or the testicle may be permanently damaged and have to be surgically removed. Depending on the extent of the torsion, permanent damage can occur in just a few hours. When the patient has not been the victim of recent trauma, the other likely causes of testicular pain are infection (epididymitis), mumps, kidney stones, or a pinched nerve in the back. If a person is experiencing serious testicular pain, there is no time to lose. He should be immediately taken to a hospital for diagnosis and treatment.  An ultrasound will readily diagnose the condition.  A failure to properly diagnose this condition in a timely manner, resulting in loss of a testicle, may be the basis for a claim of medical negligence. You have Too Much At Stake not to protect your legal rights. If you have a question about your legal rights call us for a free consultation.

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