Archive | Testamentary capacity

RSS feed for this section

Estate of Quirin

Estate of Quirin, 2015 MT 132 (May 19, 2015) (Wheat, J.) (5-0, aff’d)

Issue: (1) Whether the district court properly confirmed probate of the 2010 will; and (2) whether the district court erred by issuing an order inconsistent with the pretrial order.

Short Answer: (1) Yes, and (2) no.


Facts: Violet Quirin died on Jan. 10, 2011, and was survived by two adult daughters, Mavoureen Speiser and Cathie Schmiedeke. Quirin executed three wills – on Nov. 16, 2005, March 1, 2007, and June 23, 2010. In the first two wills, Quirin divided her property equally between her daughters, but in the 2010 will she gave them nothing, instead dividing her estate among friends and charitable organizations.

Quirin drafted the 2010 will with attorney Nancy Moe.…