Wheeler v. Wheeler

125 So. 3d 689, 2013 WL 5716543, 2013 Miss. App. LEXIS 704
CourtCourt of Appeals of Mississippi
DecidedOctober 22, 2013
DocketNo. 2012-CA-00209-COA
StatusPublished
Cited by1 cases

This text of 125 So. 3d 689 (Wheeler v. Wheeler) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wheeler v. Wheeler, 125 So. 3d 689, 2013 WL 5716543, 2013 Miss. App. LEXIS 704 (Mich. Ct. App. 2013).

Opinion

LEE, C.J.,

for the Court:

¶ 1. This appeal arises from Glenn Wheeler challenging the validity of Festus Wheeler’s will and two deeds to property. The will and the deeds awarded the estate and the property to Glenn’s brother Scott. The chancellor found that although Festus and Scott had a confidential relationship, there was no undue influence.

FACTS

¶ 2. Festus Wheeler died testate on December 12, 2008. At the time of his death, Festus had three living sons, Glenn, Scott, and Michael, who was institutionalized. Scott, who was unemployed at the time of trial and had been unemployed for most of his adult life, lived with Festus at the [692]*692family home on Military Road in Columbus, Mississippi. Scott testified that Fes-tus had a stroke in 2005, and his health had been deteriorating since that time. Because of Festus’s declining health, Scott drove Festus anywhere he needed to go. Festus broke his leg in 2007 and became bedridden until his death in 2008. Scott testified that he prepared Festus’s meals for him, fed him, administered his medication, as well as performed the household chores.

¶ 3. In 2004, Festus signed his first will. In this will, Michael was to receive $500, and Scott was to receive Festus’s truck and the home on Military Road. All other property and the residual of the estate was to be divided equally between Glenn and Scott.

¶ 4. In the summer of 2005, Glenn moved into the home on Military Road with Festus and Scott. Glenn was also unemployed but helped Scott take care of Festus. Both sons lived off Festus’s income from Social Security and VA disability and checks from an oil lease, a hunting lease, and a government program. Prior to June 2008, Festus, Scott, and Glenn were all signatories on Festus’s accounts. Both Glenn and Scott testified that Festus was aware of their spending habits.

¶ 5. According to Scott, Glenn took $10,000 from one of Festus’s accounts to start a gunsmithing business. While Glenn stated that the business was for both him and Scott, Scott testified that he was not interested in going into business with Glenn. Around this time, Scott began transferring funds out of the accounts to which Glenn had access. Scott testified that Festus had given him permission to transfer the funds so that Glenn would not have access to them.

¶ 6. On June 8, 2008, Festus met with Scott and Glenn to discuss the proceeds from the hunting lease. Scott testified that Festus confronted Glenn regarding the whereabouts of the proceeds. Glenn testified that he could not recall what happened to them. Scott testified that Festus demanded Glenn repay the funds, and when Glenn refused to give the money back, Festus told him to leave the house that night. Glenn testified that Scott, not Festus, told him to leave. However, Scott and Glenn both agree that Festus informed Glenn that he would be changing his will.

If 7. On June 12, 2008, Festus suffered a heart attack and was hospitalized. Four days later while in the hospital, Festus executed a second will. This will left his entire estate to Scott. On October 6, 2008, Festus executed two deeds which transferred the home on Military Road and all other real property located in Lowndes County, Mississippi, and Lamar County, Alabama, to Scott.

PROCEDURAL HISTORY

¶ 8. On October 15, 2009, Glenn brought suit against Scott based on undue influence and sought to set aside Festus’s will and the property deeds Festus had made to Scott. After a trial was held in Lowndes County Chancery Court, the chancellor found that a confidential relationship existed between Festus and Scott. However, Scott was able to rebut by clear and convincing evidence the presumption of undue influence regarding both the will and the deeds. The chancellor upheld the validity of the will and the two deeds. The chancellor also found, “As to the various bank accounts and [cjertificates of [d]eposit, the requisite proof was not presented with regard[ ] to undue influence so as to alter the ownership of the accounts as they existed at [Festus’s] death.”

¶ 9. Glenn now appeals arguing that the trial court erred in determining the will [693]*693and deeds were not the product of undue influence.

STANDARD OF REVIEW

¶ 10. “On review, a chancellor’s findings of fact will not be disturbed unless those findings are manifestly wrong, clearly erroneous, or based upon an erroneous legal standard.” In re Last Will & Testament of Carter, 948 So.2d 455, 457 (¶8) (Miss.Ct.App.2007). However, issues of law are reviewed de novo. Thornton v. Holloway, 49 So.3d 125, 128 (¶ 9) (Miss.Ct.App.2010).

¶ 11. “If the [Chancellor’s findings are supported by substantial! ] credible evidence in the record, this Court will not reverse.” Wright v. Roberts, 797 So.2d 992, 997 (¶ 14) (Miss.2001).

DISCUSSION

¶ 12. Mississippi law is well settled regarding fiduciary or confidential relationships and undue influence. Id. at 998 (¶ 16). This law has been applied to both testamentary and inter vivos gifts. Id. When asserting the issue of undue influence, the plaintiff must “demonstrate, by clear and convincing evidence, the existence of a confidential relationship between a grantor and a defendant grantee[.]” Howell v. May, 983 So.2d 313, 318 (¶ 14) (Miss.Ct.App.2007). Once the confidential relationship has been established by clear and convincing evidence, “the burden of proof shifts to the benefieiary/grant-ee to show by clear and convincing evidence that the gift was not the product of undue influence.” Wright, 797 So.2d at 998 (¶ 16).

¶ 13. To determine if a confidential relationship exists, the chancellor must determine:

(1) whether one person has to be taken care of by others, (2) whether one person maintains a close relationship with another, (3) whether one person is provided transportation and has [his] medical care provided for by another, (4) whether one person maintains joint accounts with another, (5) whether one is physically or mentally weak, (6) whether one is of advanced age or poor health, and (7) whether there exists a power of attorney between the one and another.

Id. at (¶ 18)’ (quoting In re Estate of Dabney, 740 So.2d 915, 919 (¶ 12) (Miss.1999)). The chancellor relied on Wright and found that Festus and Scott had a confidential relationship. The chancellor went so far as to find that “Glenn established by clear and convincing evidence that all seven factors used to determine a confidential relationship were met.”

¶ 14. The record is clear that Scott took care of Festus, maintained a close relationship with him, provided transportation and medical care for him, and maintained joint accounts with him. Also, there was sufficient evidence presented that Festus was physically weak, was of advanced age and poor health, and had given Scott rights through a power of attorney. Therefore, we agree with the chancellor that a confidential relationship between Scott and Festus existed.

¶ 15. Since Glenn met his burden by clear and convincing evidence, the burden shifted to Scott to prove by clear and convincing evidence that (1) Scott acted in good faith; (2) Festus had “full knowledge and deliberation of his actions and their consequences”; and (3) Festus acted on the “[a]dvice of (a) [a] competent person, (b) disconnected from [Scott] and (c) devoted wholly to [Festus’s] interests.” Murray v. Laird,

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Bluebook (online)
125 So. 3d 689, 2013 WL 5716543, 2013 Miss. App. LEXIS 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-wheeler-missctapp-2013.