Soto v. Jessup CA2/2
An elderly man initially created a trust that would, upon his death, split his estate evenly between his godson and his apartment manager. Several years later, the man amended the trust to award nearly all of the estate to the apartment manager. After the man died, the godson sued to invalidate the amendment on the grounds of undue influence. The probate court found that the apartment manager had exerted undue influence, and reformed the trust to treat the apartment manager as if he had predeceased the elderly man, thereby leaving the entire estate to the godson. The apartment manager appeals, arguing that the court’s ruling is infected by evidentiary error and unsupported by substantial evidence. The godson cross-appeals, but only if we reverse the probate court’s ruling. Because we find no error in the probate court’s ruling, we affirm and do not reach the merits of the cross-appeal.
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