Probate lawyers in South Florida have watched an out-of-state case with interest. The will contest involved an elderly woman with dementia, two people who were close to her at the end of her life, colleges and other beneficiaries, two wills and a $3.6 million estate. A few days before the trial date, the parties settled. But some issues are still open.

The Connecticut woman was 89 when she died in 2009. Her husband and her daughter had predeceased her. In her later years, she developed close relationships with her longtime neighbor and a former student. She executed a will some time in 2005. She executed a second will in September 2006.

The problem? The woman's doctor had diagnosed her with dementia shortly before she completed the second will. Court documents showed that other friends had been concerned about her mental capacity for almost a year before that. In October 2006, further tests confirmed the diagnosis of moderate dementia, and she moved to an assisted living center. After her death, her other friends were shocked to learn of the new will. "It was obvious to us that [she] was not of sound mind," one friend told the probate court.

The 2006 will differed in significant ways from the 2005 will. The neighbor (also the executor) and the former student benefitted handsomely from the changes.

In our next post, we'll go through the differences between the two wills and discuss the concerns raised by individuals and the state about the neighbor's conduct.

Source: BusinessWeek, "Deal reached in spat over Conn. widow's fortune," Dale Collins, 02/02/11