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CHATGPT: Certainly, here's an example of a case where an adult only child prevailed in an undue influence case where the parent was still living:

In the case of Gravley v. Gravley, 185 S.W.3d 657 (Tex. App. 2006), the decedent was an elderly woman who was still alive at the time of the lawsuit. The decedent had one adult child, a daughter, who filed a lawsuit against the decedent's brother and his wife, alleging that they had exerted undue influence over the decedent.

The trial court found that there was sufficient evidence of undue influence and entered a judgment in favor of the daughter. The court held that the decedent's brother and his wife had taken advantage of the decedent's weakened physical and mental state to gain control of her affairs and influence her decisions.

The brother and his wife appealed the trial court's decision, but the Texas Court of Appeals affirmed the trial court's ruling. The court noted that the daughter had presented evidence of the brother and his wife's undue influence, including evidence that they had isolated the decedent from her friends and family, controlled her access to medical care, and made decisions about her finances without her input.

It's important to note that each case involving undue influence is fact-specific and will depend on the specific evidence presented. Therefore, the outcome of one case may not necessarily be applicable to another case. Additionally, the laws and legal precedents related to undue influence can vary from state to state.

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0 votes RE: Blogging my progress

double post 

last edit on 3/17/2023 3:44:55 AM
Posts: 2479
0 votes RE: Blogging my progress

Pay dirt Chatgpt:

Yes, there are cases where the beneficiary may have a mental illness but is not the influencer of undue influence. Here is an example:

In the case of In re Estate of Horton, 151 So. 3d 948 (Miss. 2014), the plaintiff, who was the decedent's daughter, suffered from schizophrenia and bipolar disorder. The defendant, who was the decedent's second wife, was alleged to have exerted undue influence over the decedent in changing his will to cut out the plaintiff as a beneficiary.

Despite the plaintiff's mental health issues, the court found that she had presented sufficient evidence to support her claim of undue influence. The court ruled in favor of the plaintiff and found that the decedent's will was invalid due to undue influence.

This case shows that even if the beneficiary/plaintiff has a mental illness, it is possible to prove undue influence and prevail in court.

 

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0 votes RE: Blogging my progress

Nevermind Chatgpt makes mistakes:

Apologies for the confusion, I misspoke earlier. In the case In re Estate of Horton, 151 So. 3d 948 (Miss. 2014), it was actually the testator (mother) who suffered from mental illness, specifically dementia. The daughter, who was also the plaintiff, alleged that her siblings had exerted undue influence over their mother to make changes to her will that were unfavorable to the plaintiff. The plaintiff was successful in proving undue influence and the court invalidated the changes to the will that were made as a result.

Posts: 2479
0 votes RE: Blogging my progress

I destroyed my blog this is supposed to be about my progress 

Posts: 2479
0 votes RE: Blogging my progress

ChatGpt: 

One example is the case of In re Estate of Lally, 220 Cal. App. 4th 14 (2013). In that case, the decedent was survived by his only child, a daughter, who filed a lawsuit alleging that the decedent's caretaker had exerted undue influence over him and coerced him into changing his will to leave her a large portion of his estate.

The trial court found in favor of the daughter and invalidated the new will, reverting back to an earlier will that left the caretaker with a much smaller portion of the estate. The caretaker appealed, but the appeals court upheld the trial court's ruling, finding that the evidence presented at trial supported a finding of undue influence.

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2023-03-17

Attorney said it’s “curious” that previous attorney won’t turn over the prior Transfer on Death Deed for which I was beneficiary, but not important for now, particularly since in this state where I now reside there  is no such provision. I haven’t reached out for a status update.

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-1 votes RE: Blogging my progress

This is the most Jewish shit I have ever read. Get a grip or fuck off to Auschwitz you fucking Jew cunt.

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2023-03-19


I think I have convinced my mother again to make changes. In the meantime I have a younger cousin who became a lawyer who if this idea of  trust  stands would be the trustee, I believe.. My mom is really rife for quizzing because she doesn’t understand what’s going on. So I thought I would either call him or confront him at “Easter” and ask him to get the f off :). I will briefly and with as much civility as I can muster explain to him that he is just a “vassal” and it doesn’t make sense because I never speak to him or see him, I don’t know him, and I certainly was not invited to his wedding. I don’t even have his phone.

last edit on 3/19/2023 1:27:51 PM
Posts: 2479
0 votes RE: Blogging my progress

nvm

last edit on 3/19/2023 1:27:30 PM
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