In Re Estate Of Sharis

990 N.E.2d 98 (2013)

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Nature of the Case

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Facts

Alice came to the United States from Turkey when she was twelve years old and completed the seventh grade. She had three daughters, Virginia, Louise, and Florence. She had sixteen surviving grandchildren and several great-grandchildren. She married her second husband, Peter, in 1961. Peter, who predeceased Alice by thirteen months, suffered from Alzheimer's disease. Spinelli is one of Alice's grandchildren. After separating from his wife, he moved into Peter and Alice's home. He remained there through Peter's illness and death and the death of Alice on February 13, 2010. He made no monetary contributions to the upkeep or running of the home but did drive Alice to medical appointments and other destinations. On June 30, 2007, Alice signed a durable power of attorney, prepared by Spinelli, that took effect immediately and gave Spinelli broad powers. Spinelli did not inform other family members of the power of attorney, nor that he was signing checks on his grandparents' accounts. In February or March of 2008, Spinelli wanted to get a will for his grandmother. The attorney did not meet with Alice in person, and could not remember what she told him regarding the disposition of the assets of her estate. The attorney talked to Alice once on the phone. The associate who actually drafted the will communicated by e-mail only with Spinelli. Once the will was ready for signature, the attorney conducted a brief, two-minute telephone conversation with her. There is no evidence that either the attorney nor the associate inquired, or that Alice explained, why she would favor Spinelli over her daughters and other grandchildren. On July 23, 2008, Spinelli took Alice to the nursing home where she executed her will there, with nursing home staff as witnesses. All of the Alice's assets were to be distributed to her husband, Peter, should he survive her. If not, the house and all of the assets and property contained therein were to go to Spinelli, along with all her stocks and securities. Her savings and checking accounts were distributed equally to her three daughters. The residuary was distributed equally among her three daughters and Spinelli. Spinelli opened a checking account in his name in trust for Peter and Alice. He transferred $71,450 from the checking account to the trust account, and substantial sums were then expended from the trust account. These transfers had the effect of disrupting Alice's bequest of her checking and savings accounts to her daughters. One of the daughters disputed the will. The court disallowed the will on grounds of undue influence. Spinelli appealed.