In re Estate of Quirin
Annotate this CaseViolet Quirin died in 2011. Prior to her death, Quirin had executed three wills in 2005, 2007, and 2010. In the first two wills Quirin divided her property equally between her two surviving daughters. However, in the 2010 will, Quirin made no provision for her daughters and instead divided her estate among several friends and charitable organizations. Following Quirin’s death, one of her daughters (“Daughter”) petitioned for formal probate of the will Quirin executed in 2007, claiming that Quirin lacked testamentary capacity when she signed the 2010 will. After a trial, the district court confirmed probate of the 2010 will, ruling that Daughter failed to show that Quirin lacked testamentary capacity. The Supreme Court affirmed the district court’s order confirming probate of the 2010 will, holding that the court did not err when it determined that Quirin possessed testamentary capacity at the time she executed the 2010 will.
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