Smith v. Smith

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Victoria H. Smith was nearly 100 years old when she died on September 11, 2013. During her life she married Vernon K. Smith Sr., a lawyer who died of a heart attack in 1966. Victoria and Vernon Sr. accumulated substantial real estate and business interests during their lifetimes. More than twenty years before her death, Victoria prepared a holographic will. Her son Vernon Smith, Jr. was the only person present when Victoria signed the document. In 2012, Vernon formed a limited liability company, VHS Properties, LLC (“VHS” were Victoria’s initials). He named his mother and himself as the only members of the company. Vernon used a 2008 power of attorney to transfer all of Victoria’s real and personal property to VHS Properties. He signed the transfer document on behalf of Victoria, as her attorney in fact, and on behalf of VHS Properties, as a member. Vernon then used the 2008 power of attorney to execute a second document, by which he transferred to himself all of Victoria’s interest in VHS Properties. He once again signed the document on behalf of Victoria and also signed for himself. By the end of the day on July 4, 2012, Vernon had exclusive ownership and control of all of Victoria’s assets. A dispute arose among Victoria's children following her death and the probate of her estate. A magistrate court ruled Victoria died intestate after finding her will was the product of undue influence of Vernon, Jr. Vernon, Jr. appealed that ruling and an earlier, partial summary judgment ruling that invalidated a series of transactions that transferred Victoria's assets to the LLC. Finding no reversible error in the magistrate court's judgment, the Idaho Supreme Court affirmed. View "Smith v. Smith" on Justia Law