Monday, August 1, 2005

"An Example of Fraud is the Situation where one Influences a Testator that another Relative has stirred up Trouble."

The conclusion by a non-expert that a testator was under the influence and control of another is inadmissible. The statements or declaration of a deceased testator may be admitted to show state of mind.

The content of earlier wills may be admitted to show undue influence in a later will. While laymen and experts both are allowed to offer opinions as to testamentary capacity, they are limited in testifying as to undue influence.
- Irwin Perry M.D. J.D.

Comment 1. -
"the testator, misled by fraud, will often do so with pleasure and satisfaction."

Comment 2. -
"An example of fraud is the situation where one influences a testator that another relative has stirred up trouble."

Comment 3. -
"it requires much less influence to control the will of a person whose functional abilities have been severely impaired by mental illness or physical conditions which affect mental functioning." - Irwin Perry M.D. J.D.

An email sent to a family member from the Andy Thornal Co. accuses family members of stirring up trouble.

The Minimum Required Distribution is a routine transaction done every year and under the principals direction, POA and Contractual agreement. In Clara's absence the MRD was processed routinely as part of keeping Clara's and A.J.'s Estate running smoothly.

This deposit slip shows the Minimum Required Distribution going into the Elders account as a routine transaction and the funds going towards A.J.'s and Clara's health care, as was customary, this transaction, along with 5 years worth of credit card and bank accounts records was audited during a three month period and there was absolutely NO wrongdoing by the elders long term and contractual caregivers.

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