In re Estate of Conway Reed Sr.
Published: Jun. 21, 2001 | Result Date: Feb. 2, 2001 | Filing Date: Jan. 1, 1900 |Case number: P41600 Bench Decision – $229,000
Judge
Court
Nevada Superior
Attorneys
Plaintiff
Elliot S. Blut
(Blut Law Group APC)
Defendant
Experts
Plaintiff
Thomas Kinsora
(medical)
Defendant
Robert Horner
(medical)
Facts
Decedent Conway Reed Sr. had three sons, Conway Reed Jr., Roddrick Reed and Kipton Reed. In 1988,
Roddrick Reed and his girlfriend (and future wife) Teresa Beintema moved from Los Angeles to Las Vegas.
Shortly after relocating to Las Vegas, Roddrick Reed and Beintema moved into a home purchased by Conway
Reed Sr., located at 1571 Golden Arrow, Las Vegas.
In December 1994, the decedent suffered a stroke. On May 1, 1996, the decedent suffered a second stroke.
Subsequent to the second stroke, the decedent was diagnosed with multi-infarct dementia. The decedent was
followed by a neurologist for several months without significant improvement.
On Jan. 29, 1997, the decedent signed a quit claim deed transferring ownership of real
property located at 1571 Golden Arrow in Las Vegas to defendant Beintema and Roddrick Reed.
The property was valued at $134,000. On July 3, 1997, the decedent cashed a certificate of
deposit in the amount of $95,000 and deposited the proceeds into a joint account held with
Roddrick Reed. This account was opened in November 1996. On Aug. 11, 1997, the decedent
died.
Result
The court held that the real property and $95,000 was to be returned to the Estate of Conway Reed, Sr. The court determined that there was undue influence with regard to a quitclaim deed transferring title to real property, valued at $134,000, from Conway Reed, Sr. to Roddrick Reed and Beintema on Jan. 29, 1997. The court further found that there was undue influence as to the cashing of a certificate of deposit in the amount of $95,000 deposited on July 3, 1997. The court ordered the defendant to quit claim the real property to the Estate and the $95,000 was deemed to have been received by Roddrick Reed from the Estate of Conway Reed Sr.
Other Information
The plaintiff submitted a trial brief on the day of trial on the issue of undue influence which led to the shifting of the burden of proof from the plaintiff to the defendant on the issue of undue influence. The defendants thereafter conceded that a confidential relationship existed between the decedent and Roddrick Reed and Beintema.
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