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· 9/9/2010

Matter of the Estate of Harry L. Rickert

Citations

  • 934 N.E.2d 726
  • 2010 Ind. LEXIS 518
  • 2010 WL 3515466

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that if fraud or undue influence are presumed, the burden then shifts to the dominant party to demonstrate that the transaction was \voluntary and fair\
  • holding that burden was on attorney-in-fact to prove by clear and convincing evidence that her use of her power of attorney to create accounts giving her joint ownership with rights of survivorship over decedent’s financial accounts was voluntary and fair
  • “A person holding a power of attorney is in a fiduciary relationship to the person granting the power.”
  • “A person holding a power of attorney is in a fiduciary relationship to the person granting the power.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boehm, Shepard, Dickson, Sullivan, Rucker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.