In re Guardianship of Nelson

The Supreme Court reversed a circuit court order approving the redrafting of Dean Nelson’s will. The change in the will was proposed upon the petition of Dean’s conservator after Dean was diagnosed with Alzheimer’s disease. Elizabeth Nelson, Dean’s wife, argued on appeal that the circuit court erred in permitting the conservator to adopt the new will, which eliminated a trust established for Elizabeth’s benefit consisting of Elizabeth’s lifetime, one-half interest in the residue of Dean’s estate. The Supreme Court agreed, holding that the circuit court’s decision to authorize the conservator to change the will was an abuse of discretion due to the lack of adequate factual findings. View "In re Guardianship of Nelson" on Justia Law