Wehrheim v. Golden Pond Assisted Living Facility

Dorothy Wehrheim, decedent, executed four wills in her lifetime, the latest of which was in 2002. Rebecca Fierle, a geriatric-care manager at the Golden Pond Assisted Living Facility (Golden Pond) (defendant), where Dorothy resided, arranged for Dorothy to execute the 2002 will, pursuant to which Golden Pond was named the estate’s primary beneficiary. None of Dorothy’s four wills named her three adult children, Gary, Albert, and Debra (Wehrheims) (plaintiffs), as beneficiaries. Before the 2002 will, Dorothy had never made a charitable bequest like the one to Golden Pond. Following Dorothy’s death, the Wehrheims filed a petition to invalidate the 2002 will as the product of undue influence. Golden Pond filed a petition for administration of the 2002 will and moved for summary judgment, arguing that the Wehrheims did not have standing to challenge the 2002 will because they were not beneficiaries under it or under any prior will that could be reestablished by the doctrine of dependent relative revocation. The Wehrheims countered, arguing that (1) undue influence only partially invalidated the 2002 will, leaving the clause revoking all prior wills valid and thereby requiring Dorothy’s estate to pass via intestacy; and (2) the doctrine of dependent relative revocation did not apply to save a prior will because the 2002 will was not substantially similar to any prior will. The probate court granted Golden Pond summary judgment, and the Wehrheims appealed.