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Torts
Elder Abuse
Fraud, Breach of Fiduciary Duty

Donald Bellows, Gail Bellows, Estate of Beverly Bellows v. Frederick Bellows, et al.

Published: Jul. 27, 2013 | Result Date: Jun. 28, 2013 | Filing Date: Jan. 1, 1900 |

Case number: SCUK 09-54755 Bench Decision –  Defense

Court

Mendocino Superior


Attorneys

Plaintiff

Jeffrey J. Allen

Michael G. Watters


Defendant

James F. King

Stuart M. Gordon
(Gordon & Rees LLP)

James R. Reilly

Stephen F. Johnson


Facts

Donald Bellows and Gail Bellows filed suit against Frederick Bellows and attorney Phillip M. Vannucci, claiming that they took advantage of their mother in an attempt to increase Frederick's inheritance. The mother had drafted a will to divide her estate equally between her sons. However, she later inherited additional money, which she then placed into a separate account with Frederick Bellows as its sole beneficiary. Beverly died in 2008. When Donald learned of the separate account, he filed suit, claiming that Frederick had tricked their mother into leaving the inheritance to Frederick alone and that he and Vannucci had exerted undue influence over Beverly, among other things.

Result

The court ruled in favor of Frederick and Vannucci on all claims, finding that the facts did not support the plaintiffs' arguments.


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