Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Reeves v. Webb

The probate court erred in dismissing a petition to probate a will in solemn form after finding that the propounder failed to make out a prima facie case to admit the will to probate in that he failed to introduce the subscribing witness to the will for examination at the hearing, since the will had an attached executed self-proving affidavit.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is a will contest in which the propounder and the beneficiaries are appealing an order of the probate court dismissing the petition to probate the will in solemn form and a subsequent order denying their motion for new trial, or in the alternative, motion to set aside judgment and enter judgment admitting the will to probate. For the reasons which follow, we reverse and remand.

Joseph Thomas Schmidt “Schmidt” executed the will at issue “Will” on July 20, 2010. Schmidt was a disabled Marine Corps veteran who suffered from paranoid schizophrenia with delusions since the early 1970′s; he also had vision and hearing difficulties. He was treated as a disabled veteran and received disability benefits from the Veterans Administration “VA” until his death on October 5, 2013. He was appointed a VA guardian and conservator in 1974. Dale L. Groenenboom “Groenenboom” was appointed as successor guardian of Schmidt’s person and property in 1976, and served in such capacity until Schmidt’s death. In 1997, Schmidt entered into the personal care home owned and operated by Charles H. Reeves. Jr. and his wife, Jerry J. Reeves “Reeveses”, and he resided there the remainder of his life. The Reeveses were compensated monthly for their services. Groenenboom was selected to be Schmidt’s guardian by the VA, and controlled Schmidt’s funds, including his VA disability payments and his Social Security benefits, and he made the payments to the Reeveses for Schmidt’s custodial care and monthly spending allowance. The Will named Groenenboom as executor and the Reeveses and Groenenboom as the beneficiaries.1 In the Will, Judith Webb “Webb”, Schmidt’s twin sister2 and sole named heir at law, was expressly excluded from inheriting from Schmidt’s estate.3

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
(EXCLUSIVE FULLY REMOTE) INSURANCE COVERAGE ASSOCIATE OR COUNSEL WANTED FOR MULTI-STATE BOUTIQUE LAW FIRM (Florida)

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements