Ayers v. Shaffer

Plaintiffs are the estranged great grandchildren of Elsie and legatees to one half of her residuary estate under a will dated 2004 and admitted to probate following Elsie's death in 2010. The defendants are Audrey, Elsie's sister and legatee to the remaining half of her residuary estate, and Elsie’s former neighbors, Toni, Bruce, and Mike. Elsie's will nominated Toni as executrix; Toni and Audrey took possession of significant assets from Elsie during Elsie’s life. Toni and Bruce began providing assistance to Elsie and her husband in 2004 under a contract providing that Toni and Bruce would be paid $500 per week and would receive $8000 for assistance given in the past. The agreement provided that Toni and Bruce would be paid from her estate, rather than during her lifetime. The trial court found that that Toni, while acting as an agent under the power of attorney, did not arrange for Elsie’s assets to pass at death to the defendant, that the assets in question were retitled by Elsie personally. The Virginia Supreme Court reversed in part, holding that Toni was in a confidential relationship with Elsie and the burden was on the defendants to rebut the presumption that the transactions were the result of undue influence. View "Ayers v. Shaffer" on Justia Law