Vince has begun forgetting things and is becoming very difficult to get along with.He is 85,has been ill,and is very fond of his housekeeper Annie.He gives a deed to Annie for all of his real property.At Vince's death,his children,who got only his photograph albums according to the will,ask that the deed be set aside and the land be put back in the estate for purposes of division among all the children.What will be the probable result in this case?
A)Since Vince was 85 he was probably incompetent and the court would rule for the children.
B)Clearly Annie used her position of dominance to persuade Vince to deed her the property,and it will be set aside.
C)Unless the children can prove that Vince was unable to understand what he was doing,or that Annie used her position to improperly influence Vince,Annie can keep the property.
D)Annie will not be able to keep the property since she is not a family member.

Question

Quizplus · Accepted Answer

In order for the children to successfully challenge the deed, they would need to prove that Vince was not competent to understand what he was doing or that Annie used undue influence to persuade him to sign over the property. Age alone does not establish incompetence, and just because Vince was fond of Annie does not necessarily mean that she used undue influence. Therefore, unless the children can successfully prove one of these factors, the deed will likely stand and Annie will be able to keep the property.

Vince Has Begun Forgetting Things and Is Becoming Very Difficult