Simkin v. Simkin CA2/1
Plaintiff Aharon Simkin appeals from a judgment of dismissal after the probate court sustained a demurrer without leave to amend to his petition alleging wrongful conduct by his brother, defendant Michael Simkin, regarding their deceased father’s assets and living trust. Aharon alleged that Michael unduly influenced their elderly and infirm father, who depended on Michael as a caretaker and attorney, to make various transfers and trust amendments to Michael’s benefit. The probate court found the causes of action lacking largely on the basis that Aharon had failed to plead undue influence adequately. We disagree with the probate court’s conclusion, and accordingly reverse the order sustaining the demurrer to seven of Aharon’s 10 causes of action. Aharon has also shown a reasonable possibility that the defects in two of the remaining causes of action may be cured by amendment.
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