The applicant husband brought an equalization claim and sought to set aside the transfer of his wife's home to her adopted son, alleging undue influence and breach of fiduciary duty.
The wife, who suffered from cognitive decline and was represented by the Public Guardian and Trustee, had granted the son a power of attorney and added him to her bank accounts following her sister's death.
The court found the son stood in a fiduciary relationship with his vulnerable mother and failed to rebut the presumption of undue influence regarding the property transfer.
The transfer was set aside, and the son was ordered to repay $322,319.81 for unaccounted cash withdrawals, a line of credit, and a mortgage he placed on the property.
