Annuity Was Result of Undue Influence

Daughter and her husband were found to be in a confidential relationship with the decedent because they lived next door to the decedent, had a close relationship with the decedent, the decedent trusted them, and the decedent relied upon them for transportation and other necessities, and so were ordered to return the proceeds of an annuity which the court found was purchased by the decedent as the result of undue influence.  Carratura Estate, 6 Fid.Rep.3d 33 (O.C. Allegheny Co. 2015) (opinion by O’Toole), vacated and remanded, No. 294 WDA 2016 (Pa.Super. 1/9/2017) (non-precedential; expert opinion in support of “weakened intellect” was not rendered within “reasonable degree of medical certainty” and was inadmissible; court also abused discretion in applying unclean hands doctrine).

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