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Case Citations [1] (Spring 2025)

handle is hein.ali/retpwodt9956 and id is 1 raw text is: THE A ERICAN LAW INSTITUTE Spring 2025 Citations PROPERTY 3D (WILLS AND OTHER DONATIVE TRANSFERS) DIVISION I. PROBATE TRANSFERS (WILLS AND INTESTACY) CHAPTER 2. INTESTACY § 2.2 Intestate Share of Surviving Spouse N.D.2024. Quot. in sup. Former clients filed a legal-malpractice action against attorneys, alleging that attorneys' negligence in representing clients in an underlying action related to mother's ownership interest in her marital home and personal property upon her death impacted the value and distribution of her intestate estate. The trial court granted summary judgment for attorneys. This court affirmed, holding, among other things, that clients failed to demonstrate that, but for attorneys' alleged negligence, the underlying litigation would have ended more favorably for them. The court reasoned, in part, that, because clients did not allege that mother had any separate property, rather than community property, under Restatement Third of Property: Wills and Other Donative Transfers § 2.2 and Idaho law, clients were not heirs and would not have received any property from mother's estate under the relevant intestate-succession statutes. Fahey v. Cook, 9 N.W.3d 668, 678. CHAPTER 3. EXECUTION OF WILLS PART A. EXECUTION FORMALITIES § 3.1 Attested Wills Mass.App.2024. Com. (g) quot. in sup. Former court-appointed conservator of decedent filed a petition to probate as decedent's will a document that conservator had prepared in consultation with decedent several months before her death. After decedent's nephew objected, the trial court dismissed the petition, finding that the document was not a valid will, because, while it was attested to by two witnesses and notarized, it was not signed by decedent, but rather, by conservator in his name, under the COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.