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In the Matter of the Estate of Sidransky

The fact that a testatrix chooses to distribute her estate among a number of children or relatives, making one bequest larger than another, or the fact that a testatrix chooses to exclude certain children from a will while providing for others, is not in and of itself evidence of undue influence. El Paso Court of Appeals, No. 08-10-00361-CV, 08-15-2012

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OPINION

This is a will contest which Appellee Graciela Barajas characterizes as an opportunity to ensure that a mother’s dying wish is recognized in life. Noemi Sidransky was born in 1928 and married at the age of sixteen. She bore twelve children during the marriage, one of whom is disabled. This daughter, Miriam, suffers from a mental disability which requires specialized care and attention. In 1993, Sidransky’s husband passed away. Sidransky cared for Miriam by herself but sometime thereafter, another daughter–Graciela Barajas–became the primary caretaker for both Miriam and Sidransky. Sidransky died on August 25, 2007 at seventy-nine years of age. She left a trust and will executed in 1999 and amended in 2003, both of which named Graciela as executor of her estate. The record reveals that Sidransky expressed to her attorney that she wished to provide at least 50 percent of her estate to Miriam through the trust. The testimony of the attorney, David Grady, is critical to our review.

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