Bert Andia represented Caveators in a proceeding designed to find a codicil to a will as being invalid due to lack of the testator’s mental capacity. The evidence established that the testator was hospitalized in a mental in-patient facility undergoing electro-convulsive therapy for a serious mental illness. The testator was removed from the in-patient facility by her attorney-in-fact, and taken to a lawyer’s office to sign a codicil. The lawyer was not informed of the testator’s medical situation or diagnosis. The Caveators presented an expert witness who testified to the testator’s lack of testamentary capacity. The jury’s verdict for the Caveators meant that the Caveators were forgiven of a debt of over $500,000 by the time of trial.
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