Appeals Court Upholds Estate Plan Intentions

The Kansas Court of Appeals recently affirmed a judgment secured by Derek S. Casey of Triplett Woolf Garretson upholding an elderly gentlemen’s estate plan against his daughter’s accusations that he was mentally incompetent and subjected to undue influence. The judgment confirms that Kansas law requires people challenging estate plans to prove a lack of mental capacity or undue influence with clear, convincing, and satisfactory evidence. In this case, the daughter, who would have benefitted personally if she had succeeded, was unable to show that her father was incapacitated or subjected to undue influence when he made a sizeable but reasonable gift to his long-term, exclusive romantic partner. The key to defending the case was knowing and enforcing the law governing these particular type of lawsuits. Triplett Woolf Garretson is well versed in not only preparing estate plans for its clients, but in defending such plans from unfounded attacks.

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