Tuesday, November 15, 2011

Court reviews the validity of a holographic will that was executed while testator was under a conservatorship

IN RE: ESTATE OF MIRIAM L. RINEHART (Tenn. Ct. App. November 15, 2011)

This case concerns a holographic will executed by the testator while under a conservatorship. After the testator died, Appellant sought to be named personal representative over the decedent's estate and to have the decedent's holographic will probated. The decedent's daughter objected, arguing that at the time the holographic will was executed, the decedent was under a conservatorship that expressly revoked the decedent's right to make a will. The trial court granted the motion to dismiss in favor of the decedent's daughter. Discerning no error, we affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/rinehartm_111511.pdf