Thursday, December 18, 2008

Battle Over Judge's Will

A feud between the late Judge Earl Morgan’s descendants and a North Platte animal charity is being waged in Lincoln County Court.

In his will, the former Lincoln County District Judge left the bulk of his estimated $3.2 million estate to Paws-itive Partners Humane Society.

Morgan’s two remaining children – Bob Morgan and Dorothy Simants – are contesting the will and willing to wage battle in court to hold onto their father’s estate.

In a filing petition to set aside the informal probate of the will, they claim Morgan was “susceptible to the exercise of undue influence because of his advanced age and physical and mental condition” when he signed his final will May 5, 2006.

Morgan would have been 87-years-old then.

According to the petition filed by attorney George Vinton: “The execution of the will was procured by the exercise of undue influence by a representative of Paws-itive Partners Humane Society …” The petition also said that the disposition of Morgan’s assets was not his decision but that he was influenced. The petition asks that a judge deny probate.

The petition said that Morgan did not have sufficient mental capacity to understand the terms and provisions of his will and did not know the extent of his property and did not understand what would happen to the land according to the will.

The petition says Morgan’s will is “void and unenforceable” and should be ruled invalid.

The petition also seeks to remove long-time North Platte attorney Charles W. Baskins as the estate’s personal representative and replace him with Dorothy Simants, Morgan’s daughter.

Full Article and Source:
Legal battles loom over will of former judge

See also:
Family contests will after money left to animal group

5 comments:

Anonymous said...

The animal shelters need the money more than the lawyers and judges who will take it - because if they go to court, the family will wind up with nothing.

Anonymous said...

I am leaving my entire estate to my local no kill animal shelter.

I am of sound mind and heck, the kicker is: the local shelter does not know of my intentions, they will be pleasantly surprised when the time comes.

This news item is a wake up call for me to take immediate drastic measures and actions to ensure that all family members, lawyers who smell blood = $$$$$ in their pockets, courts, judges et al have the proof that these are my wishes.

Thank you for your time and efforts to educate people about stuff most people don't even think about. Knowledge is power.

Anonymous said...

How sad to see fighting over a person's last wishes because someone was left out and didn't get their way. This could lead to a lot of money going the way of the lawyers. I know a family who contested a will.

The person left all of her assets and properties to her grandchildren then her children hired a lawyer so they could get a piece of the action and in the end, years later, there wasn't even $10.00 left of the estate.

True story.

Anonymous said...

You're right on target, Anonymous!

Anonymous said...

Morgan was probably more with it than the entire family and certainly more than the lawyers.

If he left his money to the critters, then that's where he left it and that's the way it should be.