Question
This is a case from Minnesota, which we could easily see taking place here in ND given all the elderly folks on farms in small
This is a case from Minnesota, which we could easily see taking place here in ND given all the elderly folks on farms in small communities. Here are the facts:
John Lentner owned the farm next to the Schefers. He moved off the farm and into a nursing home in 1999, but still owned the farm. In the fall of 2000, Kristine Schefers (Lentner's neighbor) visited him at the nursing home some 15 times, engaging in small talk and watching him play cards.
In the spring of 2001, Lentner agreed to sell his farm to Kristine and her husband for $50,000 plus $10,000 for machinery and tools. Kristine drove Lentner to the bank to get the deed from his safe deposit box. She also took him to the abstractor who drafted the transfer documents.
Soon after the sale, Earl Fisher was appointed special conservator of Lentner. Fisher sued the Schefers to set aside the sale, claiming that Kristine's repeated visits to the nursing home and her failure to involve Lentner's other family members in the sale unduly influenced Lentner.
Who wins here? Does it make a difference if I also add that Lentner was of completely sound mind and it was his physical ailments that landed him in the nursing home?
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