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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.
- Spring '11