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Sisters can’t prove brother unduly influenced mother in crafting estate plan

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The Indiana Court of Appeals affirmed the order by a trial court that the execution of an option contract by a woman to her son was enforceable. The woman’s daughters claimed the contract was a result of undue influence.

Kenneth Hayes has power of attorney over his mother. In 2005, Phyllis Hayes executed a promissory note, mortgage, will, and an option contract as part of her estate plan created by attorney Joseph Certain. Certain created the documents pursuant to Phyllis Hayes’ request and videotaped Phyllis Hayes on March 3, 2005, explaining why she set up her estate plan the way she did. The option contract allowed Kenneth Hayes to purchase her 200-acre farm at $2,500 per acre, for a total price of $500,000, a reasonable fair market price at the time. She explained that her son would receive more of the assets than her other children because she was repaying a $180,000 loan he had made to her and her husband in the 1980s to keep the farm running.

Kenneth Hayes told his sisters Jo Ann Hayes and Dianna Hale in 2010 that he was going to purchase the farm. They objected because the farm is worth far more now than it was when their mother created the option contract. Their expert valued the price per acre between $8,000 and $10,000.
 
After a hearing, the trial court found that Kenneth Hayes did not unduly influence his mother to make the contract. Although his mother was found to be incompetent in 2011, her doctor testified that she was mentally competent to enter into the 2005 contract. The sisters appealed.

“The trial court’s numerous findings, which were based on Phyllis’s attorney’s testimony and the video of Phyllis taken at the time the option contract was executed, support its conclusion that Kenneth did not unduly influence Phyllis. Further, any doubt as to whether the trial court held Kenneth to the higher standard of proof is eliminated by the trial court’s conclusion ‘that it would be reasonable to conclude that [Phyllis] was in a superior position’ because she was represented by counsel and Kenneth was not,” Judge Michael Barnes wrote in Guardianship of Phyllis D. Hayes, an Adult, Joann Hayes and Dianna Hale v. Kenneth J. Hayes, 52A02-1308-GU-751.

The sisters simply have not shown that the manner in which the estate plan was crafted establishes that Kenneth Hayes failed to rebut the presumption of undue influence, the appeals court held.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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