case11-2 - Issue Were the circumstances leading up to the...

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Catherine Reeves Case 11-2 Citation Rea v. Paulson. Court of Appeals of Oregon, 1994. Facts Ken Rea, the plaintiff, was the personal representative of his deceased mother’s estate. The decedent had four children: Ken, Donald, Barbara, and Larry, the defendant. The decedent had a will in which she left equal shares of her property to all four of her children. Ken, Barbara, and Don helped with her health and financial care before her death. Larry was living elsewhere, and did not visit his mother. After a period of time, Larry moved near his mother and convinced her to move in with him and his girlfriend. She rented out her home in Rainier and Larry held his mother’s power of attorney, frequently helping her with tasks such as writing checks. Larry filled out a statutory form of a warranty deed in his handwriting and had decedent sign the deed after a notary public explained that she would be giving up all her rights to the property to Larry.
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Unformatted text preview: Issue Were the circumstances leading up to the conveyance and the preparation of the deed a product of undue influence exerted by Larry on his mother? Decision Yes. Reason The circumstances leading up to the conveyance and the preparation of the deed were a product of undue influence exerted by Larry on his mother. There were suspicious circumstances that occurred once the decedent moved in with Larry. He did not allow the other three children into his home, which created a strained relationship between the decedent and Ken, Donald, and Barbara. Larry held a position of dominance over the decedent and knew the state would not take his mother’s home if there were unpaid medical bills, because it was her primary place of residency. Knowing that, he convinced the decedent to move in with him and sign the deed. There was also absence of independent advice, which is essential....
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This note was uploaded on 03/01/2012 for the course LAW 101 taught by Professor Roman during the Spring '11 term at Auburn University.

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