No Genuine Issue of Material Fact in Undue Influence Claim

Petitioner (in will contest) claimed fraud and undue influence against decedent’s attorney, who contacted the County Office of Services for the Aging (COSA), after petitioner had solicited the attorney’s help to draft a new will for the decedent but would not allow him to meet with decedent alone, and the attorney was notified that petitioner hired another attorney to draft decedent a new will.  COSA intervened and had decedent’s attorney draft a new will restoring decedent’s estate plan pre-petitioner.  Court granted summary judgment against petitioner’s claim of fraud, direct undue influence, or a shift of presumption of undue influence, because there was no genuine issue of material fact.  Flatow Estate, 5 Fid. Rep. 3d 69 (O.C. Del. 2015) (opinion by Kenney, P.J.)

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