Fraud, Waiver, and Delay to Elect Against Will

Issues were whether wife of decedent could elect against the will despite signing a waiver induced by fraud and whether filing petition to elect after statutory period because of fraud was justified; the Court did not find clear and convincing evidence of active fraud by son or attorney for estate in inducing waiver, and although waiver was invalid due to breach of fiduciary duty of attorney for estate, the Court found that the delay to elect against the will was not induced by active fraud and delay was unreasonable.  Pantages Estate, 2 Fid. Rep. 3d 329 (O.C. Carbon 2012) (Opinion by Nanovic, P.J.)

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