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In Rosenberg v.
Sanders, the Arizona Court of Appeals, Division One, held a grantor’s
alleged statements after executing a beneficiary deed may provide relevant and
admissible evidence of undue influence. The
trial court did not consider the statements because it applied the eight
non-exclusive factors set forth in In re
McCauley’s Estate. The Court of
Appeals held the statements should have been considered on summary judgment
and, when so considered, along with evidence of the grantor’s earlier state of
mind, the record had just enough evidence to create a factual dispute and
defeat summary judgment.
The full opinion may be read here:
