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Wills Trusts & Estates keyed to Dukeminier
Puckett v. Krida
Facts
The defendants were hired as nurses to provide around the clock care for the testator. After their employment, the nurses persuaded the testator that her family wanted to put her in a nursing home and were misappropriating her funds. The defendants were aware when they began work that the testator’s biggest fear was going to a nursing home. They separated the testator from all of her family, friends, and former professional contacts. At different times, the defendants made false statements to the testator and concealed facts from her. The defendants listened to Hooper’s phone conversations and told her that her niece was wasting or misappropriating funds and then reimbursing herself for renting fancy cars and airline expenses. The testator entrusted her niece Jean Law to handle her financial affairs. The evidence at trial showed that Law managed her affairs properly, made every effort to keep the testator out of a nursing home, and never reimbursed herself for any of the expenses. The trial court also found that the niece kept meticulous records. The defendants however, had irregular dealings with the testator’s money. The defendants isolated the testator and controlled access to her. In regards to the testator’s professional and business relationships, the defendants (1) made new professional relationships for the testator and eliminated all former associations, (2) made serious decisions about the testators real property to avoid contact with her previous realtor, and (3) replaced her long time tenant with one of their family members. Furthermore, the defendant made the testator’s neighbors feel unwelcome and threatened the family with a lawsuit.
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