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Home / Uncategorized / Reasons an Estate Plan Could Be Challenged: Part 4 – Lack of Testamentary Capacity

Reasons an Estate Plan Could Be Challenged: Part 4 – Lack of Testamentary Capacity

Edward Lovato · Dec 10, 2019 ·

Estate Planning is essential for many reasons, which are set forth in prior articles. Links to these articles are set forth at the end of this article. This series focuses on how an Estate Plan could be challenged. This series shows the importance of doing Estate Planning in the right way. The first article in this series focused on formalities. The second article in the series examined undue influence. The third article in the series looked at fraud. This article will focus on testamentary capacity.

Let’s say your father signed a Will. He avoided all the pitfalls of the prior article. Your father went to an experienced estate planning attorney who made sure the execution of the Will met with your state’s requirements. There was no undue influence which was discussed in the second article in the series. The signature was not fraudulent, as discussed in the third article in the series. However, your father still had to have “testamentary capacity” when he signed the Will.

Read more: https://www.aaepa.com/2019/12/reasons-an-estate-plan-could-be-challenged-part-4-lack-of-testamentary-capacity/

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Edward Lovato
Edward Lovato
Edward W. Lovato is a New Mexico native. After graduating from Rio Rancho High School, Edward joined the Marines and served 13 years on active duty in the enlisted and officer ranks, including tours of duty in Iraq and Afghanistan. Edward founded the Rio Rancho law firm of Lovato Law, P.C. in 2017 and he oversees a practice devoted to providing clients with the best in estate planning. Edward attended the University of New Mexico where he earned both his Bachelor of Business Administration and his Juris Doctor (law) degrees.
Edward Lovato
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About Edward Lovato

Edward W. Lovato is a New Mexico native. After graduating from Rio Rancho High School, Edward joined the Marines and served 13 years on active duty in the enlisted and officer ranks, including tours of duty in Iraq and Afghanistan. Edward founded the Rio Rancho law firm of Lovato Law, P.C. in 2017 and he oversees a practice devoted to providing clients with the best in estate planning. Edward attended the University of New Mexico where he earned both his Bachelor of Business Administration and his Juris Doctor (law) degrees.

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WHERE WE ARE

Lovato Law P.C.
661 Quantum Rd. NE, Suite 10
Rio Rancho, NM 87124
Phone: (505) 738-3777

OPENING HOURS

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
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Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

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