Undue Influence by Caretaker Son

Probate of 2007 will was upheld based on testimony of lawyer who met with the decedent on several occasions and prepared the will, as well as the lack of any evidence of undue influence, while probate of a 2013 will was denied because of a lack of testamentary capacity and evidence of undue influence, based on medical records showing that the decedent had been diagnosed with advanced dementia and testimony that the will was prepared by the son who had been disinherited by the 2007 will, who lived with the decedent and “looked out after her as she got older” and so stood in a confidential relationship. Arnao Estate, 9 Fid.Rep.3d 115 (Philadelphia O.C. 2018), on appeal, 2645 EDA 2018 (Pa. Super.).

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