Earl Morgan was a judge in North Platte, Nebraska.  When he died, his will provided that the majority of his estimated $3.2 million estate was to be given to a North Platte animal charity – Paws-itive Partners Humane Society.

Mr. Morgan left two children and they are contesting the will.  They have filed a pettion to set aside the informal probate of the will and they are contending that their father was susceptible to the exercise of undue influence “because of his advanced age and physical and mental condition”.  When he signed his will, the retired judge was 87 years old.

It is rare, but not unusual, for a will contest to allege that a charity utilized undue influence on a testator.  The petition says his will is void and unenforceable and should be ruled invalid.  Moreover, it seeks to remove the estate’s personal representative (a ong time attorney) and replace him with the judge’s daughter.

The next court hearing is scheduled for January 20, 2009.  If nothing else, this case points to the necessity of dotting all the i’s and crossing all the t’s when executing a will or a trust.  Otherwise, there is going to be probate litigation.