- Published: Tuesday, 20 November 2012 15:23
When Marc MacGinnis was in the hospital awaiting surgery, he asked his friend Brent to prepare a will for him that would leave half of his estate to Brent and half to Marc’s sister, Susan. Brent downloaded some will forms from the Internet, but Susan then suggested that she contact a lawyer to set up a trust instead. She said this would be better because it would avoid probate.
Susan never talked to a lawyer, and Marc died a few days after the surgery. Because Marc never signed a will, his entire $1 million estate went to Susan.
Brent then filed a lawsuit against Susan. He claimed that Susan knew there was a good chance Marc wouldn’t survive the surgery, because the doctors had told her so. (They didn’t tell Brent because he wasn’t a relative.) He also claimed that Susan deliberately lied about talking to a lawyer, because she knew that if Marc didn’t sign a will before he died, she would inherit the entire estate.