Rosenberg v. Sanders

 

        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:

Rosenberg v. Sanders 

 

Disclaimer