On April 15, 2019, Lee Schoenbeck and Joe Erickson completed a three-day jury trial in Sioux Falls over a Will. The jury found for our clients on all the issues. The Will was challenged as to whether it was correctly signed by the testator and the witnesses, and also, whether it was properly prepared by the attorney who drew it (not our firm). The challenge also alleged that the elderly lady who changed her Will lacked the testamentary capacity to sign a Will, and that the Will was the product of undue influence by a beneficiary. The 12-person jury rejected every one of the attacks.
We understand that Sioux Falls, our state’s largest city, rarely has these type of jury trials. The Clerk’s office indicated to us that they hadn’t seen one before! Unfortunately, we have developed an expertise in this field.