Surrogate Nora Anderson
In a contested probate proceeding, the objectants sought summary judgment denying admission of the propounded instrument to probate on the grounds of lack of due execution, lack of capacity, and undue influence. The decedent, who died in 2009 at the age of 91, left his entire estate to his caregiver of several years. The instrument offered for probate was executed in the decedent's apartment under the supervision of the attorney-draftsman. The court denied the objectants' motion on the issue of capacity, finding that the objectants' expert's affirmation failed to establish a prima facie case on the issue of the capacity of the decedent, who suffered from dementia. The court noted that the medical records do not speak to the severity or prognosis of the dementia. The court further added that the objectants' expert, a psychiatrist, never treated the decedent and never spoke to the decedent's treating physician.
