Germain v. Girard

While hospitalized shortly before his death in November of 2004, George R. Girard (George) executed a last will and testament to replace his previous will, executed in 1983. At the time of his death, the most valuable asset in George’s estate was thought to be the anticipated proceeds from a lawsuit he had filed seeking damages for personal injuries suffered from his exposure to asbestos.1 Under the terms of the 2004 will, *410George left the bulk of his estate to a trust, which designated his wife, the defendant Theresa A. Girard (Theresa), as the principal beneficiary during her lifetime and…