This case arises from disputes between sisters regarding the estates of their deceased parents. The parties are three of four sisters. Plaintiffs believe that starting around the year 2000, defendant planned to take control of decedents’ affairs and turn them against the other sisters.
Estate Planning Documents
Defendant became decedents’ power of attorney in 2002. The same year, decedents executed estate planning documents disinheriting plaintiffs and the fourth daughter, leaving their entire estate, valued over $4,900,000, to defendant.
Claim of Undue Influence
Plaintiffs filed separate actions in the probate court asserting that decedents died without wills. Defendant objected, asserting that each decedent had a 2002 will pouring over all their assets into their trusts. When defendant petitioned to close the estates and admit the wills to probate, plaintiffs objected, arguing that decedents were subject to coercion and undue influence by defendant.
On November 18, 2020, the probate court entered an opinion and order admitting decedents’ wills to probate. The probate court found no issue with decedents’ testamentary capacity and concluded that there was no evidence of coercion or undue influence by defendant. Both decedents’ last will stated that all their assets would pour over into their trusts upon their deaths. Defendant was the only named beneficiary of each trust. The probate court determined that plaintiffs had no interest in decedents’ assets to impart standing or make them real parties in interest because decedents’ wills disinherited plaintiffs.
Do Not Face Probate Litigation on Your Own
Aldrich Legal Services represents clients in a wide range of probate litigation matters. Given the emotional nature of these disputes and their financial impact on all involved, it is critical that anyone involved in such a dispute retain highly qualified legal counsel.
- We represent clients in probate litigation involving:
- Personal representative and trustee disputes
- Misuse and misappropriation of trust funds
- Breach of fiduciary duty claims
- Will contests
- Other inheritance disputes