“Gifting Agreement” Was Product of Undue Influence

The testimony of two doctors who diagnosed the decedent as suffering from dementia before and after she executed a “gifting agreement” transferring valuable coins to her son was sufficient to establish weakened intellect, and the testimony of the son showed that the decedent relied on him to driver her twice a week to visit relatives, and entrusted him with her engagement ring and her will, established that the son had a confidential relationship with his mother. The presumption of undue influence was not rebutted by the testimony of the lawyer who prepared and supervised the execution of the gifting agreement because the court was within its discretion in not finding the testimony credible when the lawyer had a professional relationship with the son and his testimony about the lucidity of the decedent was inconsistent with by the medical testimony. In re: Estate of Alvena T. Miller, 1666 MDA 2022 (Pa. Super. 7/25/2023) (non-precedential).

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