Jerri is a paralegal with Tyrell & Associates. Jerri works with Marsha, an attorney who practices in estate planning and probate. In one case, Marsha is representing Keith. Keith’s father recently died and was a widower at the time of his death. In his will, Keith’s father left 90% of his sizeable estate to Tina, an attractive 30-year-old caregiver who cared for Keith’s father before he died. Keith believes that Tina coerced his father into changing his will and wants to challenge the will’s validity. Marsha recommends that the challenge be based on undue influence. The first element of undue influence is the existence and exertion of influence over the testator. From the following answer choices, which set of facts best supports the first element?
Explanation
Answer: C - Tina withheld meals and medication from Keith’s father until he agreed to increase Tina’s hourly wage. Answer C is the best choice because it shows that influence existed (ability to withhold meals and medication) and that Tina exerted that influence (actually withholding until Keith’s father agreed to increase her wage). Answer A is not the best answer because the exertion of influence was limited to setting the time for meals. Answer B is not the best answer because, although Tina had influence over the incoming mail and telephone calls, nothing suggests she exerted influence beyond assisting with reading mail. Answer D is not the best answer because, although she had influence over the housekeeping and cooking, her exertion of influence was limited to a threat to quit (no food or medications withheld, which is more coercive).
