Adam Fried, Adriann McGee, and Mary Kraft co-authored "Filo v. Filo: An Illustration Of The Mechanics Of The Rebuttable Presumption Of Undue Influence And Jury Instructions" for the Probate Law Journal of Ohio.
While the presumption exists to make it easier to prove undue influence claims, it should be remembered that the same facts used to rebut the presumption can also demonstrate to a jury that undue influence was not exercised. This article explores the mechanics of the presumption through the case recently decided by the 12th District Court of Appeals in Filo v. Filo.
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