Whatley v. Hunt CA5
Plaintiffs, an elderly woman and her granddaughter, the latter in her capacity as trustee of the grandmother’s trust, brought this action for an accounting of the trust during the period defendant acted as trustee, and for damages allegedly arising out of defendant’s mismanagement of the grandmother’s and the trust’s financial affairs. The trial court found defendant liable to plaintiffs on theories of undue influence and financial elder abuse, as well as breach of fiduciary duty, fraud, and negligence. Defendant appeals, challenging only the invalidation of a $1 million alleged gift to defendant and his wife. We conclude the trial court properly determined neither the statute of limitations nor laches barred the claim, and substantial evidence supports the finding of undue influence. Accordingly, we affirm the judgment.
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