Kathy Pace’s claimed that Ralph trusted and was dependent
on Cora and Darrell and that Ralph was old and vulnerable
and recovering from surgery when he made the will. These
were critical factors identified by the court as they raise
questions of his competency at the time his will was written.
The court determined that while they may be true, these
factors did not support Pace’s claim that Cora and Darrell
unduly influenced Ralph.
I believe that elder abuse is prevalent, and the courts
should do everything legally possible to protect the elderly
and ensure their wishes are protected from undue influence
and fraud. A guardian ad litem is appointed to represent a
minor. It would be beneficial if something similar could be
done for the elderly to ensure they are of sound mind and
their wishes are honored.
