Planning for Life

Alexandra Lowe

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Proving Testamentary Capacity: A Sound Mind at the Time of Signing

Posted by Alexandra Lowe on February 4, 2015

By Alexandra Lowe

In In the Matter of the Estate of Fred S. Rosen (Mass. App. Ct. No. 13-P-221, December 30, 2014), the Massachusetts Appeals Court confirms the trial courts finding that Fred S. Rosen had testamentary capacity at the time he signed his will. 

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Dueling Deeds: An Example of Why Legal Work Must be by The Book

Posted by Alexandra Lowe on December 19, 2014

By Alexandra Lowe

The Massachusetts Court of Appeals, in Allen v. Allen (Mass. App. Ct., No. 13-P-605, September 16, 2014), affirmed that a property conveyance from mother to son did not take precedence over a subsequent transfer due to a defective acknowledgement of the mother’s signature.  At issue in the case are two conflicting deeds transferring a family home.  Both transfers were signed by the grantor and recorded at the registry of deeds. 

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Nursing Home Physician Cannot be Compelled To Arbitrate Malpractice Claim

Posted by Alexandra Lowe on July 22, 2014

In a recent decision, the Appeals Court of Massachusetts, in Walker v. Collyer, 85 Mass. App. Ct. 311 (2014), holds that physician Charles Walker cannot be compelled to arbitrate a medical malpractice claim despite an arbitration agreement signed by the senior health care facility at which he treated patients.  He had not signed the agreement. 

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Topics: nursing homes

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