Undue Influence Verdict upheld in Texas
Автор: J. Michael Young: Estate and Life Insurance Lawyer
Загружено: 2020-02-20
Просмотров: 585
Описание:
Estate of Cooksey: The San Antonio Court of Appeals upholds a jury verdict overturning deeds and a will based upon undue influence.
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In Estate of Cooksey, the San Antonio Court of Appeals upheld a jury’s finding that three deeds and a will were the product of undue influence. The effect was to overturn the deeds and the will.
The dispute involved a couple and their two daughters. The husband died in 2010. According to testimony, they had affirmed they intended to divide their property equally between the daughters. But that is not how it turned out. The wife signed three gift deeds to one of the daughters in 2012. She also executed a new will in 2012, leaving her entire estate to that daughter. She then died in 2016.
The disinherited daughter contested the will and challenged the gift deeds. The basis was lack of capacity and undue influence, but only the undue influence claim went to the jury.
The jury found the deeds and will were the products of undue influenced exercised by the benefiting daughter on the mother.
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