RNWLG Prevails at Trial in Spokane County Will Contest Case

January 23, 2024 - In 2020, a 98-year-old mother, Naomi White, executed a new Will that reduced the inheritance of one of her children and increased the inheritance of another. Following Naomi White’s death in 2021, the child whose inheritance was reduced filed a TEDRA petition against Naomi White’s Estate in Spokane County Superior Court. In his TEDRA petition, the child requested an order from the Court setting aside and invalidating his mother’s 2020 Will. The child alleged that Naomi White lacked testamentary capacity when she executed the 2020 Will and that she was affected by the undue influence of her other son who was benefited by the changes made in the 2020 Will. The Personal Representative of the Estate of Naomi White retained Matthew A. Mensik, Max K. Archer, and their law firm, RNWLG, to defend the Estate in the TEDRA Petition and to ensure the 2020 Will was upheld.

Prior to trial, Matthew Mensik and Max Archer filed, argued, and prevailed on a motion to dismiss the petitioning child’s testamentary incapacity claim. After the dismissal of the incapacity claim, the petitioning child and Naomi White’s Estate proceeded to try the remaining undue influence claim before the Honorable Judge Annette S. Plese. The trial occurred over the course of four days in October 2023. At trial, Matthew Mensik and Max Archer took the testimony of and cross-examined numerous witnesses, including attorneys, a medical doctor, and local and out-of-state family members.   

On January 22, 2023, Judge Plese issued a 20-plus-page ruling upholding Naomi White’s 2020 Will and concluding that Naomi White executed her 2020 Will free of any undue influence from the child benefiting from the changes thereto. For more information on our litigation practice, including our TEDRA dispute practice, please contact Matt Mensik at mam@rnwlg.cm.