After-Discovered Will Denied Probate for Undue Influence

Probate of after-discovered will was properly denied based on evidence of undue influence.  Weakened intellect was found in evidence of progressive dementia, and confidential relationship was found in son-proponent’s involvement in the testator’s personal and business affairs.  Trustee of inter vivos trust named as beneficiary of previous will had standing to oppose petition for probate, and issue was waived by failure to raise the issue before the trial court.  In re: Estate of Schumacher, 2016 PA Super 17 (1/29/2016).

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