Mr. B was a 75-year-old man who had made a will in 1995 naming his two sons as equal beneficiaries of his estate after his death. In 2004, he married Ms. M. On August 11, 2008, he was diagnosed with brain cancer, for the treatment of which he was hospitalized. On September 3, 2008, he signed a new will that Ms. M had procured for him, naming her the sole beneficiary of his estate after his death, to be subsequently given to his sons after the event of her death. Mr. B passed away on September 29, 2008. His sons subsequently sued Ms. M, alleging that Mr. B did not have testamentary capacity when he signed his new will. His attorney consulted me to review his medical records to assess Mr. B's mental state, testamentary capacity, and vulnerability to undue influence.
Facts of the Case: Ms. P was a 91-year-old, widowed, Caucasian woman with a history of Parkinson's disease who was diagnosed with metastatic colon cancer after she was found down in her bedroom, where she had fallen and broken her arm. It was decided by her physicians that it was best to not pursue chemotherapy, radiation, or surgery. A colostomy bag was placed, and Ms. P was placed on home-based hospice care, with an emphasis on comfort care measures.
