Kim v. Kim

The Supreme Court affirmed the order of the circuit court dismissing Plaintiff’s claims of undue influence in this action seeking to void a trust established by the decedent eight days before his death. Plaintiff, the decedent’s wife, argued that there were suspicious circumstances surrounding the execution of the trust and that Defendant, the drafter of the trust, used his position to procure the trust. When Defendant separately filed a complaint seeking to establish the will established by the decedent at the same time he established the trust as the last true will and testament of the decedent, Plaintiff filed a counterclaim asserting that the will was executed under Defendant’s undue influence and was therefore void. The circuit court sustained Defendant’s plea in bar to the counterclaim and then granted summary judgment to Defendant on the complaint claim. The Supreme Court affirmed, holding that the circuit court did not err in dismissing, with prejudice, Plaintiff’s claims of undue influence. View "Kim v. Kim" on Justia Law