Tuesday, September 20, 2016

decision announced today in undue influence case

In this decision, the Supreme Court found that the challenging party did not establish a close or confidential relationship, nor did she establish that the stronger person assisted in preparing the deed.  According to six of the nine justices, mere familial relationship (grandmother and grandson) was insufficient to establish a close and confidential relationship.  Likewise, six of the nine justices found that the grandson did not actively participate in preparation of the deed by “asking about deeds at a courthouse, obtaining a copy of a deed at an office supply store, and driving the grandmother to the abstract company where the deed was filled out. While Richardson may have participated in the preparation of the deed, she did not actively participate in the preparation.”  (emphasis in original).