Who is the petitioner in terms of relationship to decedent


Assignment task: Read Matter of Sanger, 45 Misc. 3d 246 (2014) and answer the following questions:

1- Who is the petitioner (in terms of relationship to the decedent)?

2- Who are the respondents (in terms of relationship to decedent)?

3- Besides a will, what other end of life planning tools did the decedent execute?

4- What are the respondents' arguments?

5- Who is the executor of decedent's will?

6- What is a motion for summary judgment? (It is always important to look up legal terms and procedures you do not know)

7- What kind of discovery has been done?

8- Who has the burden at probate?

9- What does due execution of a will require?

10 Why is it advantageous to have an attorney assist in the execution of a will or to have witnesses sign using a self-proving affidavit?

11- What are the requirements for testamentary capacity?

12- What did the judge ultimately decide?  Why?

13- What do you need to show to prove fraud?

14- What do you have to show to prove undue influence?

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