California Business Law * Course Hero x Virginia's Community College x 30923/mi/724330291?cfi=%2F4%2F4&menu=search&q=%20Kathryn%20Auen ate of Auen 318 Cal. App.4th 300, 35 Cal.Rptr.2d 557 (1st Dist. 1994) K + - FACTS: Auen's sister was to receive $100,000 in a trust for Kathryne J. Auen died on August 30, 1990. Auen medical and living expenses. The will also left a $20,000 had executed a will dated May 17, 1984 that left bequest to a favorite charity of Carson's. Nothing was most of her estate to four charities. However, the left to the charities named in the 1984 will. will admitted to probate was executed by Auen on The trial court found that Carson unduly influenced February 22, 1990 leaving most of her substantial Auen. The court revoked Auen's 1990 will, estate to her attorney Patricia A. Carson and to cancelled the grant deed from Auen to Carson Carson's family. A petition for Revocation of involving the Women's Hotel, and ordered Probate of the 1990 will was filed by several of the Carson to return funds withdrawn from Auen's charities in the 1984 will. bank account after Auen's death and all personal Carson began representing Auen in March, property in her possession that had belonged to 1984 during a particularly vulnerable period Auen. Carson appealed. in Auen's life. She prepared her 1984 will and held power of attorney on Auen's bank accounts. DECISION: HAERLE, Associate Justice Auen regularly referred to Carson as her attorney When there is an attorney-client relationship, and, at all times, considered her as such. Carson proof that the benefit to an attorney was "undue" began operating Auen's property, the Women's is not required to trigger a presumption of undue Hotel, for Auen, under the name "Auen-Carson influence. When an attorney is acting as an Properties." A joint checking account was opened attorney, any benefit other than compensation and maintained exclusively with Auen's personal for legal services performed would be "undue." funds with all checks on the account being We agree with the trial court that a presumption written by Carson. Carson paid herself $2.000 of undue influence arises upon proof that the a month from the account There was no written person alleged to have exerted undue influence arrangement between Auen and Carson with (1) had an attorney-client relationship with the regard to the "Auen-Carson Properties. " Carson testator at the time the will was prepared. (2) never obtained a written waiver from Aven or actively participated in preparation or execution advised Aven to seek independent legal counsel of the will, and (3) benefited thereby regarding their arrangement. In February of 1990 Thus, contrary to appellant's contention there Auen executed the 1990 will. which she helped to is substantial evidence in the record to support draft. The 1990 will left the Women's Hotel to Carson the trial court's finding of undue benefit and and her husband, created a $10,000 trust for each of application of the presumption of undue infive Carson's grandchildren, made a specific bequest to Carson's housekeeper, and named Carson's children The trial court's judgment is affirmed in allreape as residuary beneficianes. FREE TRA