Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / Featured / Undue Influence: What Do I Need to Know?

Undue Influence: What Do I Need to Know?

December 8, 2020 By Staff - s.r. Leave a Comment

Undue Influence

A case about undue influence that is still talked about in Texas and around the country, began in Houston in 1994 when Vickie Lynn Marshall, known to the public as Anna Nicole Smith, age 26, married Texas billionaire, J. Howard Marshall, age 89. Just 14 months later, the billionaire died. And to Smith’s surprise, she was left out of the will.

Thus began 15 years of litigation. Smith sued the estate, claiming that J. Howard’s son, E. Pierce Marshall, used undue influence on his father to convince the elderly billionaire to leave her out of the will. The case made its way through several Texas state courts, California courts, and all the way to the Supreme Court. Ultimately, Smith lost. A Texas probate court’s ruling that E. Pierce had not used undue influence against his father was upheld.

Elements of Undue Influence

In 1963, the Texas Supreme Court discussed undue influence in detail. See Rothermel v Duncan. The Court commented that it takes more than showing the person accused of undue influence discussed the change of the will with the decedent, and that each case turns on its own facts. But some elements must be proven by a preponderance of the evidence. Those elements are:

  • The existence of an exertion or influence.
  • The effective operation of such influence that it succeeded in overpowering the mind of the decedent at the time of the execution of the will.
  • The execution of the will would not have been made in that manner except for the undue influence.

The Texas Supreme Court added some other factors for each court to consider when evaluating whether the above elements have been met.

Factors to Consider in Determining if the Elements Have Been Met

Additional factors courts may consider include the following, but the Texas Supreme Court said the evaluation should not be limited to these factors and all do not need to be met. These are guidelines, not requirements.

  • The type of relationship each person involved in the litigation had with the decedent.
  • The opportunity the person had to have exerted undue influence.
  • The motive of each person involved in the litigation. Both the one alleged to have exerted undue influence and the one who claims there was undue influence.

Attorney Aubry Dameron at Springer & Lyle can answer questions you have regarding wills, probate and undue influence.  Contact her at 940-387-0404 to schedule an appointment for a consultation.

Filed Under: Featured Tagged With: need to know

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Top Five Things To Look For When Hiring A Personal Injury Attorney

Many lawyers hold themselves out as personal injury attorneys, but what are the top 5 things to look for in hiring a personal injury lawyer?  You’ll find all of those qualities here … [Read More…]

Will Not Wearing A Seat Belt Affect My Personal Injury Claim?

Wearing a seat belt can save your life, but can it also save your personal injury case?  If you’re hurt in a car accident that’s not your fault, you would like to be compensated for your … [Read More…]

Why are Truck Accidents on the Rise in Texas?

According to a report by the American Trucking Association (ATA) released in October 2017, there is a serious shortage of truck drivers nationwide. ATA estimated the shortage would be 50,000 by the … [Read More…]

Drowsy Driving Accidents

According to the National Highway Traffic Safety Administration in 2015, over 100,000 motor vehicle crashes are directly attributable to driver fatigue every year. Those are only the drowsy driving … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in