In Re: Estate of Viola B. Copas

This appeal concerns whether the son of a decedent breached his fiduciary duty under a power of attorney and as the personal representative of the decedent’s estate. The siblings sued their brother, asserting that he used undue influence over their mother in order to unlawfully obtain her funds for his benefit to the exclusion of his mother and her estate. The brother argued that the money was properly used to take care of his mother and to run her farm. The trial court entered a judgment in favor of the siblings for $2,040,276, plus attorney fees totaling $102,576.36, upon finding that the brother failed to meet his burden to rebut, by clear and convincing evidence, the presumption of undue influence. We affirm.