After four separate actions spanning four years in both the Probate and Common Pleas Courts, a jury recently found in favor of BMSA’s client who had been accused of undue influence surrounding a family farm and its placement into a joint and survivorship deed during her father’s lifetime.
After successfully defending prior probate actions for will construction and concealment, in which the Court found in favor of BMSA’s client for annuities and bank accounts, the jury was presented with issues surrounding the preparation of the deed. The jury determined that BMSA’s client clearly overcame the presumption of undue influence. Moreover, the jury declined to overturn the deed to the family farm, signed nine years before her father’s death, finding that it was not procured through undue influence. The jury made this decision after two days of testimony from the father’s lawyer, financial advisor, the siblings, and neighboring farmers.
Attorney Robert B. Preston III of Black McCuskey was honored to represent our client during all four of these successful proceedings, culminating in a favorable jury decision in early April, 2019.