Gift Was Result of Undue Influence

There was evidence of donative intent by the decedent to give her former son-in-law $500,000, but not $1,000,000, so the transfer of $1,000,000 by the decedent was a partial gift, but the gift was invalid because of the presumption of undue influence by the son-in-law who was also the decedent’s agent and caretaker. The additional $500,000 was obtained for promises made by the son-in-law to take care of the decedent, which he did not do and so was unjustly enriched. In re: Barbara D. Dotter, 11 Fid.Rep.3d 107 (Allegheny O.C. 2019).

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