In re Mampe

Cornelia Mampe, decedent, executed her first will in 1992, which left her estate in equal parts to her three daughters, Quina Nelling (plaintiff), Louise Patejdl (defendant), and Cirlot Truncellito (defendant). In 1993, Cornelia executed a power of attorney naming Quina as her agent. In 2002, Cornelia executed a new will and a revocable trust for which Cornelia and Quina were co-trustees. In the 2002 will, Cornelia bequeathed all her tangible property to Quina and her real property and residuary estate to the trust. The trust stated it would terminate on Cornelia’s death, with Louise receiving 10 percent of the trust’s assets and Quina receiving the rest. Cirlot was disinherited. In 2002, Cornelia also gifted Quina $800,000 in assets. Prior to executing the 2002 will and trust, Cornelia was diagnosed with Alzheimer’s dementia and admitted to the Sunrise Assisted Living facility. Quina visited Cornelia daily and managed her personal affairs and finances. Cornelia lived in accordance with Quina’s directives, and Quina restricted Louise’s and Cirlot’s contact with Cornelia. In 2004, Louise and Cirlot discovered the terms of the 2002 will and trust and challenged both on the grounds of undue influence by Quina. Louise and Cirlot testified that Cornelia’s behavior and mental acuity had deteriorated dramatically prior to 2002 and that she had become confused and forgetful. Charles Durante, the attorney who prepared the 2002 will and trust, testified that, at the time of the execution meeting, Cornelia was aware of the natural objects of her bounty and that she was able to identify her assets and clearly state her wishes regarding the distribution of those assets. The trial court, relying on Louise and Cirlot’s testimony over Durante’s, rejected the 2002 will as the project of undue influence.