No Undue Influence by Spouse

Although the decedent’s spouse had a confidential relationship with the decedent through her increasing control over the decedent’s business affairs, there was insufficient evidence of a weakened intellect and so the claims of undue influence over two lifetime transactions was denied. Lack of evidence of weakened intellect also led to conclusion that the creation of a joint account by the decedent with his spouse was not the product of undue influence and so the funds in the account passed to the spouse upon the death of the decedent. Perlstein Estate, 12 Fid.Rep.3d 273 (Montgomery O.C. 2022).

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