Lovett v. Estate of Lovett
New Jersey Superior Court
250 N.J. Super. 79, 593 A.2d 382 (1991)
- Written by Paul Neel, JD
Facts
Richard Lovett, Jr., a 73-year-old former businessman, met with attorney Morgan Thomas to create a new will and a power of attorney in favor of his wife, Ruth, because Lovett was suffering from memory problems. Thomas advised Lovett that the tax consequences of the new will would be less favorable than those of Lovett’s existing will. Lovett nevertheless proceeded, stating that he was not concerned about taxes. Thomas prepared the will and power of attorney and reviewed the documents with Lovett and Ruth. Thomas tape-recorded Lovett’s signing of the documents, including Lovett’s dialogue with Thomas. Ruth attended each meeting with Thomas, but Lovett made all the decisions. A few years later, when Lovett was 76 years old, Ruth died. Lovett was living in a nursing home and suffering from Parkinson’s disease and diminished capacity. Lovett was declared incompetent, and Lovett’s son, Richard III, and daughter, Susanne (plaintiffs), were appointed Lovett’s guardians. Richard III and Susanne sued Thomas (defendant), alleging that Thomas had committed legal malpractice.
Rule of Law
Issue
Holding and Reasoning (Gibson, J.)
What to do next…
Here's why 805,000 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.
