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The “Lucid Interval”

Founding partner, Michael D. Rudy, discusses the "lucid interval" and explains that the occurrence of a lucid interval in moderate or advanced dementia cases is wholly unsupported by medical science Recently, my firm was involved with a case in which a petition was...

The Use of Physician Opinion Letters In Estate Planning and Trust and Estates Litigation

By far the most misunderstood area in trust and estates litigation is the term “legal capacity,” which is a term I have found to be universally misunderstood by clients, physicians, social workers, attorneys and even judges. Physician letters or opinions are often used to determine whether a patient has the “legal capacity” to make his or her own financial decisions or execute a will or trust. These letters are often provided to third parties including attorneys, investment advisers and bank representatives.

Contracts To Make A Will — Are They Ever A Good Idea?

Michael D. Rudy, Hawaii attorney, discusses contracts to make a will or trust. The law with respect to contracts to make a will or devise is very clear and the requirements to have an enforceable contract are very rigid. These contracts should only be drafted with careful estate planning, tax planning, and evaluations of a couple’s or other individuals’ total financial picture.

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