California Court of Appeal

In an action brought by the deceased's daughters against defendant, the deceased's third wife, judgment against defendant of financial elder abuse, undue influence, breach of fiduciary duty, conversion of separate property, and constructive trust is affirmed, where: 1) the probate court applied the incorrect standard for legal capacity and failed to apply a presumption of undue influence to the interspousal transactions at issue here; but 2) the judgment is amply supported by the evidence, especially in light of the higher burdens incorrectly placed on plaintiffs below; and 3) there is no error in the remedy of voiding defendant's deceased husband's testamentary trusts and trust amendments executed after May 2005.

Appellate Information

• Decided 01/14/2014
• Published 01/14/2014

Judges

• GROVER

Court

• California Court of Appeal

Counsel