Terry Testatrix recently died at age 76, on October 6, 2023, a resident of Bronx County. She executed her Last Will & Testament approximately a year earlier, on September 26, 2022.

Rather than leaving her estate to her 2 children, Thomas Testatrix and Theresa Testatrix, which she had done in a prior Will, she left the bulk of her $500,000 estate to her next-door neighbor, Nose Neighbor. Ms. Neighbor had, to a significant degree, been caring for Ms. Testatrix for more than a year and a half before her death (shopping for her, taking her to some medical appointments, cooking for her on occasion, looking in on her at least twice a day).

According to her children, their mother was being treated for nearly a year at the time of the execution of the September 26, 2022 Will for the early stages of Alzheimer's Disease. They indicated that she was increasingly confused and disoriented the last time they visited her around the July 4, 2022 weekend. They had a nasty argument with her, and she thereafter refused to see them or take their calls. They did not see or speak with her until just 2 weeks before her death, at which time she did not recognize them, did not know her own name or where she was.

The children have filed papers with the Surrogate's Court challenging the Will, alleging that their mother lacked the mental capacity to execute the 9/26/22 Will because of the effects of Alzheimer's Disease. In the alternative, they allege that the Will and its bequest to Ms. Neighbor was the result of her undue influence over Terry at the time of the Will.

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