Matthew Curtiss, Esq

Article: Son hopes Supreme Court Weighs in on Family Dispute

Today's New London Day has an article about a son of an East Lyme woman who has petitioned the United States Supreme Court to review his 99 year old mother's "broken stewardship". 

In particular, Dr. Hubby claims that one of Connecticut's largest law firms represents two parties "whose interests are in direct conflict with each other: his mother and his older brother".  Dr. Hubby claims in his petition that the case presents an issue of national importance "because overly trusting elders are easily persuaded to take actions injurious to their own interests".  Dr. Hubby sought an involuntary conservatorship of his mother but was denied in favor of another family member.

Should be interesting to see where this goes, though I doubt SCOTUS will hear the case.

California Appellate Court: Estate Planning done subject to Conservatorship prevents further challenges by heirs.

I read this article this morning as part of my daily legal news roundup.  Frankly, I'm amazed.

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.

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 David Baer, attorney at Hanson Bridgett Marcus Vlahos & Rudy in San Francisco. Baer represented the daughter of William J. Murphy in an estate battle with her brother.

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, according to Baer. He added that the court made clear that notice to potential objectors is required to protect due process.

The article states further that once a testator/settlor dies after the court approves the estate plan, the will or trust established under that plan itself cannot be challenged on grounds of collateral estoppel.