North Dakota Supreme Court: Failure To Overcome Presumption of Undue Influence Results In Void Bill of Transfer
Stephen Zundel sued his brothers , Loren and Richard, seeking possession of personal property subject to a May 2013 bill of transfer signed by their father, Edwin Zundel.
The bill of transfer gave Stephen Zundel a slew of vehicles and multiple other items. The bill of transfer also included “anything remaining at the farm.”
Loren, the personal representative of Edwin’s estate, sought a declaratory judgment alleging that the bill of transfer was invalid due to undue influence and also because the document was falsely notarized by Stephen, who was not a notary public.
After a bench trial, the North Dakota district court found that Stephen had obtained his father’s signature on the bill of transfer through undue influence and that it had not been signed by a notary. The North Dakota district court applied a four-factor test to determine whether there had been undue influence.
The North Dakota Supreme Court affirmed the district court’s decision finding that Stephen failed to rebut the presumption of undue influence.
See, North Dakota Supreme Court: Failure To Overcome Presumption of Undue Influence Results In Void Bill of Transfer, Probate Stars, July 15, 2020.