John Hobelsberger lived alone on his farm near Kranzburg, South Dakota.

John Hobelsberger lived alone on his farm near Kranzburg, South Dakota.

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June 10, 2022
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John Hobelsberger lived alone on his farm near Kranzburg, South Dakota. A grandniece, Phyllis Raml, and her husband, Ralph, lived on and operated a farm about two miles away. Hobelsberger and the Ramls had a friendly and cordial relationship. The Ramls visited him rather frequently and largely cared for him during his later years. Hobelsberger was hospitalized on October 23, and his condition was diagnosed as intermittent cerebral insufficiency. During his hospitalization, he requested that the Ramls send an attorney to see him about the preparation of a will. Thomas Green, an attorney, interviewed the testator on or about November 10 and prepared a will in compliance with his instructions. Hobelsberger was transferred to a nursing home on November 19. On November 22, Green and a secretary went to the nursing home and witnessed his signing of the will. Hobelsberger was then eighty years old. He subscribed the will with a mark because he was having trouble with his hands. Hobelsberger died on July 19 of the following year, survived by twenty-seven nieces and nephews and seven grandnieces and grandnephews. The will, after providing for the payment of debts and funeral expenses, left Hobelsberger’s entire estate to Phyllis Raml. Nine of the nieces and nephews contested the will, claiming lack of testamentary capacity, undue influence by the Ramls, and improper execution. Should the court admit the will to probate? Explain.

Answer and ExplanationSolution by a verified expert

Explanation
Evidence supporting the argument that the court may acknowledge the will to be valid are:

Though the individual is not physically fit, the individual may still have a sound mind and may have made the will as per their desire and full consent.
The individual had a very good relationship with the neighbor and may not have come under any undue influence since the Family R cared for the individual and visited the individual quite often.

Evidence supporting the argument that the court may not acknowledge the will to be valid are:

It can be said that the piece of legal paper was invalid since it was not properly signed, which is necessary.
The individual may not be able to make appropriate decisions when the individual is unwell and may have been unduly influenced by Family R that the property should be given to them and not to the individual's family members. The individual was close to Family R and may have listened to them and decided to give them the property.
Sample Response
The two sides of the argument can be:

The court may acknowledge the will to be valid because the will was executed when Individual J had a sound mind, without having any illegal pressure or undue influence by Individual R.
The court may not acknowledge the will to be valid because there was no signature on the will, and it may be a case of undue influence.
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