Business Law

Undue Influence Conrad Schaneman, Sr., had eight sons and five daughters. He owned an 80-acre farm in the Scotts Bluff area of Nebraska. Conrad was born in Russia and could not read or write English. All of his children had frequent contact with Conrad and helped with his needs. Subsequently, however, his eldest son, Lawrence, advised the other children that he would henceforth manage his fathers business affairs. After much urging by Lawrence, Conrad deeded the farm to Lawrence for $23,500. Evidence showed that at the time of the sale, the reasonable fair market value of the farm was between $145,000 and $160,000. At the time of the conveyance, Conrad was more than 80 years old, had deteriorated in health, suffered from heart problems and diabetes, had high and uncontrollable blood sugar levels, weighed almost 300 pounds, had difficulty breathing, could not walk more than 15 feet, and had to have a jackhoist lift him in and out of the bathtub. He was for all purposes an invalid, relying on Lawrence for most of his personal needs, transportation, banking, and other business matters. After Conrad died, the conservators of the estate brought an action to cancel the deed transferring the farm to Lawrence. Can the conservators cancel the deed? Schaneman v. Schaneman

Undue influence needs some fiduciary relationship. Fiduciary is a fancy way of saying the people knew each other. Like an accountant/client or parent/child.