In a dispute over a number of documents and transactions executed before the decedent’s death, the court found that the respondents had helped care for the decedent and had a close and confidential relationship with the decedent, and that their … Continue reading
Tag Archives: Undue influence
Objectants to will failed to produce any evidence of lack of testamentary capacity when the will was signed, but produced evidence of a power of attorney establishing a confidential relationship, that the proponent of the will received a substantial benefit … Continue reading
Objectants to the will failed to prove lack of testamentary capacity by clear, strong, and compelling evidence, and the court sustained the validity of the will despite the testimony of a subscribing witness that she believed that the decedent lacked … Continue reading
The decedent’s attorney testified that he had administered a “Mini-Mental Status Exam” to the decedent and that the decedent was “sharp” and “understood what he was doing” when he signed his fourth will providing increasing gifts to his long-time companion, … Continue reading
Daughter who lived with decedent and cared for her received substantial benefits under a 2006 will and 2014 codicil. Despite medical evidence to the contrary, the court determined that the decedent did not suffer from a weakened intellect in 2006, … Continue reading
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 … Continue reading
A person who has been adjudicated incapacitated is presumed to lack testamentary capacity and the burden is on the proponent of the will to provide clear and convincing evidence of testamentary capacity, or at least a lucid interval. Testimony of … Continue reading
Partial summary judgment was granted on the “substantial benefit” element of undue influence when the contested will left the entire estate to the proponent of the will (who was also the mother’s caretaker) despite the proponent’s claim that the additional … Continue reading
In an action to set aside a deed allegedly obtained by undue influence, plaintiff’s testimony that she and the defendant were friends and she trusted him, and that she was “weak in bode and mind” following the death of her … Continue reading
Evidence that the decedent ended contacts with friends, stopped speaking to his son, moved to the Poconos, and remarried is not sufficient proof of undue influence by his second wife, lack of testamentary capacity, or fraud in the inducement, and … Continue reading