In re Estate of Bethurem

The special administrator of Decedent's estate petitioned to have Decedent's estate set aside without administration according to Decedent's 2007 will. Decedent's stepdaughters opposed the petition, arguing that a beneficiary of the will had unduly influenced Decedent. The district court invalidated the will as the product of the beneficiary's undue influence. The Supreme Court reversed, holding (1) in the absence of a presumption of undue influence, a will contestant bears the burden of proving undue influence by a preponderance of the evidence; and (2) Decedent's stepdaughters failed to meet this burden of proof, and accordingly, the district court's order was not supported by substantial evidence. Remanded. View "In re Estate of Bethurem" on Justia Law