Estate of Lakatosh
Superior Court of Pennsylvania
656 A.2d 1378 (Pa. Super. 1995)
Rose K. Lakatosh (Rose) met Roger Jacobs (Roger) in March 1988. At the time, Rose had little to no contact with anyone. Roger began visiting her every day and assisted her around the house. He eventually assumed the role of her advisor and confidant. Roger also arranged for his second cousin, attorney Richard Jacobs, to represent Rose in a slander lawsuit. On November 11, 1988, Rose gave Roger a power of attorney and executed a will that left all but $1,000.00 of her $268,672.11 estate to Roger. Jacobs prepared the will and the power of attorney. Three days after Rose executed the will, Jacobs sought an order to have Rose’s competency evaluated in connection with the slander suit. From September 1988 to June 1990, Roger converted $128,565.29 from Rose’s estate. By June 1990, Rose’s living conditions were filthy and she had fallen behind on bills. On September 4, 1993, Rose passed away. On August 10, 1990, Donald F. Spry, II, as guardian of the estate, filed a petition seeking revocation of Rose’s will on the grounds of undue influence. The court ordered that Rose’s will of November 11, 1988, be revoked.
Rule of Law
Holding and Reasoning (Cirillo, J.)
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