The Indiana Court of Appeals, in In Re: The Estates of Christine and Richard Allender, found that the trial court erred in placing upon the Estate the burden of proving that two deeds were invalid. The court explained that when a confidential relationship, such as parent and child, is in play, there will be a presumption that the transaction was the result of undue influence, and, thus, void, if the evidence shows (1) the existence of such a relationship and (2) that the dominant person gained an advantage through the transaction. The burden of proof will then shift to the dominant person to demonstrate "by clear and unequivocal proof that the questioned transaction was made at arm's length, and thus valid."
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September 01, 2005
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