In re Estate of Edwards

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In 2010, Helen Edwards executed a will and created a trust leaving the majority of her estate to her niece, G.G. Verone. In 2014, Edwards executed a new will and amended her trust by leaving much of her estate to her handyman, Paul Degel, and to her housekeeper, Nancy Schulz. After Edwards died, Schulz petitioned for probate of the 2012 will. Verone cross-petitioned for probate of the 2010 will and for validation of the 2010 trust. A jury found in a special verdict that Degel or Schulz procured the 2012 will and 2012 trust by undue influence, fraud, or duress. The trial court, however, denied Verone’s requests to admit the 2010 will to probate, to validate the 2010 trust, and for attorney fees. The Supreme Court affirmed in part and reversed in part, holding (1) substantial credible evidence existed to support the jury’s findings that the 2012 will and the 2012 trust were procured by undue influence, fraud, or duress; (2) the district court erred in refusing to admit the 2010 will to probate or to enforce the 2010 trust following the jury’s special verdict; and (3) the district court erred in refusing to award Verone attorney fees and certain costs. View "In re Estate of Edwards" on Justia Law