A California appeals court invalidates a man's will and trust that left the man's estate to an attorney after finding evidence that the attorney engaged in a pattern of befriending elderly individuals and drafting a will or trust that named the attorney as the beneficiary. Butler v. LeBouef (Cal. Ct. App., No. B259534, June 20, 2016).
Attorney John LeBouef became friends with John Patton, who suffered from several ailments and drank heavily. As Mr. Patton’s health deteriorated, Mr. LeBouef visited him frequently. Mr. Patton died in 2011 at age 73, leaving behind a will and trust that named Mr. LeBouef as the main beneficiary and the trustee of the trust. Mr. LeBouef claimed an unknown attorney drafted the estate plan.
Mr. Patton's nieces sued Mr. LeBouef, claiming that the will and trust were invalid as a result of undue influence. The nieces introduced evidence that Mr. LeBouef had twice before befriended an elderly person and drafted a will or trust naming himself or his partner as beneficiary. Right before Mr. LeBouef's deposition, he claimed the original trust document was lost in a burglary. The trial court found that the loss of the original trust document was intentional and that Mr. LeBouef participated in drafting the estate plan, so it invalided the will and trust. Mr. LeBouef appealed.
The California Court of Appeals affirms, holding that there was evidence Mr. LeBouef unlawfully drafted Mr. Patton's estate plan himself, leading to the presumption that the will and trust were the result of fraud or undue influence. The court holds that the trial court properly admitted evidence of Mr. LeBouef's prior bad acts in order to show a common plan or scheme.
For the full text of this decision, go to: https://www.courts.ca.gov/opinions/documents/B259534.PDF
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