Facts

A father of five children rewrote his Will and Trust to exclude plaintiff. The father passed away. After her father's death, plaintiff filed a Trust contest, alleging her father's lack of capacity and undue influence exerted by the remaining four children.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that, when her father drafted his trust and amended his will, he was sick and dying, suffering from end-state Alzheimer's-dementia and cancer. Plaintiff claimed that the defendants, the four other children of decedent, exerted undue influence over their father, while he was suffering from cognitive deficits and terminal cancer, to rewrite his Will and Trust to exclude plaintiff from his estate based on specious accusations that she and her husband were stealing from decedent's wife.

DEFENDANT'S CONTENTIONS:
The defendants claimed that the decedent was legally competent to disinherit plaintiff and that no undue influence was exerted. The defense further contended that, although plaintiff lived locally, she had not visited her father in over a year, and decedent had numerous valid reasons for disinheriting plaintiff.

Settlement Discussions

Initially, plaintiff demanded $1.2 million. The defense made no offer.

Result

The case settled after a 14-hour mediation, that lasted from 10 AM to midnight, for $237,500.