UPDATE: Sumner Redstone’s Mental Capacity Case is Decided
Are you dealing with a Florida guardianship case involving the deficient mental capacity of a person making or changing a Florida will? What if you are asked to testify in a Florida Guardianship trial? How do you prepare? Sumner Redstone, former chairman of CBS and Viacom, has been dealing with a mental competency suit and, according to a Palm Beach Post article dated May 9,2016, it may finally be over.
Judge Dismisses Mental Capacity Case
- If you are not familiar with the mental competency lawsuit that Sumner Redstone has been facing from his ex-girlfriend, Ms. Herzer, click here to read our original blog about it.
- According to Florida Statute 732.501, a testator must be “of a sound mind” when executing or amending a Florida will or trust.
- What does that mean?
- At the time of the estate plan change, a person must have, in general, understood the “nature and extent of property to be disposed of and testator’s relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed. “In re Wilmott’s Estate, 66 So. 2d 465(Fla. 1953), 40 A.L.R. 2d 1399.
- Ms. Hezer claimed that Mr. Redstone lacked mental capacity when he changed his estate plan.
- Last week, Mr. Redstone was required to testify for 30 minutes at his home in Los Angeles.
- This sworn testimony was video recorded and transcribed but the video was not made public.
- Both Mr. Redstone and Ms. Herzer’s attorneys had equal opportunities to question Mr.Redstone.
- How did his testimony affect the lawsuit?
- An article in the Palm Beach Post stated that the judge “did not rule on Redstone’smental capacity or whether he suffered undue influence. He simply said the court didn’t need to get involved once Redstone made his intentions clear.”
- Is this legal mess really over for Mr. Redstone?
- Click here to read the entire article.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
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