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Home / Courts / Trusts & Estates – Wills – Undue Influence – Power of Attorney – Presumptions & Rebuttals (access required)

Trusts & Estates – Wills – Undue Influence – Power of Attorney – Presumptions & Rebuttals (access required)

Salerno v. Inman A testator’s attorney-in-fact/girlfriend rebutted the presumption of undue influence: there was no evidence that the power of attorney was ever used; the attorney-in-fact testified she did not know when the testator executed the power of attorney; there was no evidence that the testator did not have the opportunity to dispose of his property as he wanted; the attorney-in-fact took the testator to his lawyer’s office to revise his will in 2005...

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