Transfer on Death Agreement and Mental Incapacity

[摘要] transfer on death agreementmental capacitycontractual incapacitysummary judgmentneurocognitiveMedical Evidence of Neurocognitive Impairment Does Not Automatically Constitute Grounds for Vacating Summary Judgment for the Execution of a Transfer on Death AgreementIn Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Flanders-Borden, 11 F.4th 12 (1st Cir. 2021), Katherine Flanders-Borden challenged the execution of a Transfer on Death (TOD) Agreement of her father, Alton Flanders, III, on the basis that he lacked contractual capacity when he signed the TOD Agreement. The district court of Massachusetts rejected Ms. Borden’s claim that hospitalization records proved Mr. Flanders’ mental incapacity and concluded that Ms. Borden’s claims failed to raise a genuine dispute of material fact as it related to Mr. Flanders’s contractual capacity. The U.S. Court of Appeals for the First Circuit Court affirmed the district court’s ruling.

[学科分类] 儿科学

[关键词] transfer on death agreement;mental capacity;contractual incapacity;summary judgment;neurocognitive