In re Estate of Romero
Colorado Court of Appeals
126 P.3d 228 (2005)
- Written by Sean Carroll, JD
Facts
Robert Romero’s will left $500 for each of his children and the remainder of his estate to his mother and sister (defendant). Romero’s mother predeceased him. Romero’s children (plaintiffs) contested the will and filed a petition for formal probate. The children claimed that Romero did not have the testamentary capacity to execute his will. Romero had been treated for schizophrenia and was a protected person under a Veterans Administration (VA) guardianship. Romero’s attorney testified that he met with Romero several times about the will and that Romero chose to effectively disinherit his children in favor of his mother and sister because of his mother and sister’s love and care and the lack thereof from his children. The attorney testified that Romero was of sound mind and understood the consequences of his actions when he signed the will. The children argued, in part, that Romero was unaware of the size of his estate. When Romero signed the will, his estate was valued at approximately $90,000. At his death, the estate was valued at approximately $450,000. Romero knew that the estate consisted of his VA and social-security benefits but was unaware of the exact amounts. The probate court denied the children’s request. The children appealed.
Rule of Law
Issue
Holding and Reasoning (Hawthorne, J.)
What to do next…
Here's why 807,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
