Trusts and Estates — undue influence

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Wisconsin Court of Appeals

Civil

Trusts and Estates — undue influence

In 2011, Laurence Arnold executed a new will naming his fiancée, Vohnie Rabuck, as the primary heir of his estate and made non-testamentary transfers in Rabuck’s favor. These transfers included interests in a house, a car, and beneficiary designations on life insurance policies and an investment account. Arnold subsequently died. After his death, his stepdaughter, Kathleen Gibeaut, challenged the 2011 will and non-testamentary transfers to Rabuck on the grounds that Rabuck had exercised undue influence over Arnold when he executed the 2011 will and made the transfers.

Following a court trial, the circuit court concluded that Rabuck did not exercise undue influence over Arnold in connection with the will or any challenged transfer. Gibeaut appeals, arguing that the court erred in failing to conclude that she had created a rebuttable presumption that Rabuck had unduly influenced Arnold based on two factors: (1) there was a confidential or fiduciary relationship between Arnold and Rabuck; and (2) the will was created and the transfers were made under suspicious circumstances. For the following reasons, we affirm. Not recommended for publication in the official reports.

2013AP2007 In re the estate of Laurence L. Arnold: Gibeaut v. Rabuck

Dist IV, Juneau County, Roemer, J., Blanchard, P.J.

Attorneys: For Appellant: Kopp, Josh, Madison; For Respondent: Arndt, Daniel C., Sparta