Colorado Probate Blog - Wade Ash Woods Hill & Farley, P.C.

“Sound Mind”, “Lucid Intervals” and “Insane Delusions” – What Does It All Mean?

Author and director William “Tim” Burton is quoted as saying, “They say that one person’s insanity is another person’s reality.” Recently, Wade Ash has been involved in several interesting cases involving testators suffering from cognitive impairment when they prepared their Will or Trust. Even persons who are declared mentally incompetent, incapacitated or suffering from various types of mental illness or addiction, may still have sufficient capacity to prepare a Will or Trust. A testator may even lack testamentary capacity, but still have “lucid intervals” enabling them to prepare a Will.

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The Future of Estate Planning

“Alexa, who can I contact to prepare my Will?” Does the future of estate planning fall into the hands of a cloud-based registry?

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222 Hits

Making the Law Keep Up

Intestacy laws determine how a person’s assets pass if there is no will. What should intestacy law provide with regard to same sex marriage and with respect to parentage involving genetic materials. Under the Uniform Parentage Act a person may have three parents (and correspondingly more grandparents).

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290 Hits