By Kent Berk on October 30th, 2024 in PROBATE LITIGATION
The Estate of Rivenburg case, though decided in Oklahoma, offers a nuanced illustration of how courts analyze fraud and undue influence, providing insights that can be relevant to similar cases under Arizona law, particularly in understanding how evidence can shift the burden of proof in will contests.
In this case, the decedent, Velda Mae Rivenburg, made significant changes to her estate plan, leaving the bulk of her estate to her daughter, Bridget, and reducing the inheritance of her son, Austin. Austin challenged the will, claiming both fraud and undue influence by Bridget.
The Supreme Court of Oklahoma primarily focused on whether the totality of evidence presented by Austin was sufficient to prove fraud, thereby shifting the burden to Bridget to show otherwise. The evidence Austin presented suggested that Bridget had manipulated their mother, including isolating her from other family members and allegedly spreading false rumors about Austin wanting to declare their mother incompetent and take over her assets.
The Oklahoma Supreme Court remanded the case back to the trial court, emphasizing that the evidence presented by Austin was sufficient to warrant further proceedings on the fraud claim. The ruling highlighted that fraud and undue influence are distinct yet potentially overlapping concepts, with fraud focusing on deceit and undue influence focusing on coercion and manipulation.
Practical Implications for Arizona Residents
The Estate of Rivenburg case is a reminder that courts take allegations of undue influence and fraud seriously, especially when there is evidence of vulnerability and manipulation. Under Arizona law, the distinctions between fraud and undue influence are important because they determine the strategy and burden of proof in litigation.
- If you suspect fraud, you need to gather evidence of intentional deceit, such as false statements made to the testator.
- If you suspect undue influence, you need to focus on the relationship dynamics and evidence of improper pressure or coercion.
Whether you are contesting or defending an estate plan, understanding these distinctions will help you navigate the probate process more effectively. Consulting with a probate attorney can ensure you fully understand your rights and obligations.
How We Can Help
At Berk Law Group, we specialize in probate, trust, and estate litigation, including cases involving allegations of fraud and undue influence. We understand how emotional and complex these disputes can be, and we have the experience to help you determine whether a will or trust was executed under improper circumstances.
If you are concerned that a loved one’s estate plan was the result of fraud or undue influence, contact us today. Our knowledgeable team is ready to provide the guidance you need to protect your rights and ensure that your loved one’s true wishes are honored.
