Francis Cresto was married three times over a 50-year period. He had three biological children with his first wife; a stepdaughter, Lauri, with his second wife; and seven stepchildren with his third wife, Kathleen. At the time of his death, Francis and Kathleen lived in Kansas and the numerous family seemed to get along well.

Francis owned a large stock portfolio, part of a family farm, and valuable family heirlooms.Prior to meeting Kathleen, he executed an estate plan (both a will and a trust) prepared by his long-time lawyer, Edward White. This plan gave the family farm and heirlooms to his children, while dividing the stock portfolio among his three children and his stepdaughter, Lauri. A few years later, Francis tweaked this estate plan, but the primary result was the same – everything went to his three children and Lauri.

Shortly after marrying Kathleen, Francis asked White to re-draft his estate plan to give Kathleen the income from his assets during her lifetime. At her death, everything went to his three children and Lauri. 

Four years later, Francis called Patricia Hackett, an Indiana lawyer, to ask for her help in revising his estate plan. Hackett was in a romantic relationship with Kathleen’s daughter Rita. Hackett agreed, but told Francis he would need a Kansas lawyer to review the plan to ensure that it was valid in that state. Although White was available, Hackett suggested another Kansas lawyer, James Logan, who had been a federal judge.

The estate plan that Hackett drafted left everything to Kathleen. But if she died before Francis, her children would receive all of his personal property (including the family heirlooms), plus$25,000 each, and the rest would go to several charities. Hackett sent the documents to Logan for review, but did not disclose her relationship with Kathleen’s daughter.

When Francis went to Logan’s office to execute the documents, they spent 30 minutes discussing his assets and his reasons for the change in his estate plan. Logan testified that, although Kathleen was present, Francis was competent and in charge. Francis had said that his children were successful business people and did not need the money. He wanted to take care of Kathleen.

Eighteen months later, Francis was diagnosed with dementia. H died the following year. His children sued to overturn his estate plan, alleging that Kathleen had exercised undue influence over him. 

Questions:

1. Did Kathleen exercise undue influence? Was Francis’s estate plan valid?

2. Was there direct evidence of undue influence?

3. What circumstantial evidence supports the claim of Francis’s children?