Sample Legal Case Studies

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Our client, Alex Kanter is seeking advice regarding whether or not he has enough evidence to contest Irma’s will under North Dakota law. Irma recently died, and her will is scheduled to enter probate in Adams County, North Dakota. Kanter contends that his aunt Irma Durant’s will is the result of undue influence. He offers the following three reasons for bringing these allegations: (1) Amy’s increased involvement in Irma’s affairs, (2) Amy’s controlling of Irma’s interactions with her family, and (3) Amy’s children’s increased level of benefit from Irma’s original will to her current will.
First, Kanter alleges that Amy exercised undue influence over his aunt Irma. Irma was ninety-five years old when she died from natural causes. Irma had been treated for bladder cancer five years ago, but she recovered and had no symptoms at the time of her death. As she recovered, Irma moved in with her sister Amy, who is seventy-five years old. Irma was no longer able to drive, therefore, she
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Ten years ago, Irma left equal shares of her estate to her four nephews and nieces in her will. Kanter was entitled to one fourth of Irma’s estate at that time. However, in Irma’s 2016 will she left her estate in equal shares to Amy’s three children. Kanter was eliminated as a beneficiary and is now entitled to nothing. Irma’s hairdresser of 30 years attested that Irma told her about executing the new will in favor of Amy’s children on one of her weekly visits. Irma told her that she changed her will because she was concerned about the financial stability of Amy’s three children, and because Kanter ignored her. But all three children are involved in the oil company; each manages another office of the company of which Amy is the president, and each owns an equal share of the company with Amy. The company has been very successful