In re Estate of Romero
Colorado Court of Appeals
126 P.3d 228 (2005)
Romero, treated for schizophrenia and under VA guardianship as a protected person, executed a will leaving only $500 to each of his children and the remainder to his mother and sister (defendant), later worth roughly five times its value at execution; his attorney testified Romero met with him several times, understood he was disinheriting his children in favor of his mother and sister due to their care versus his children's lack thereof, and was of sound mind, though Romero knew only that his estate consisted of VA and social security benefits without knowing their precise amounts. Romero's children (plaintiffs) contested the will as lacking testamentary capacity; the probate court denied their petition, and they appealed.
Whether evidence of mental illness alone is sufficient to prove lack of testamentary capacity.