Kelly v. McNeel
2011 WL 1743922
Wyo.2011Background
- District court found undue influence by the Kellys and invalidated the 2005 trust amendment and will disinheriting Roby McNeel; guardian/conservator order removed Mrs. Kelly and appointed Roby McNeel as guardian/conservator.
- Mr. McNeel suffered progressive dementia (Alzheimer's) with cognitive decline beginning in the late 1990s; medical evidence included diagnoses and treatments from 1998 onward.
- Kellys moved to the ranch to provide care; they became the primary caregivers and engaged in extensive involvement with Mr. McNeel’s legal and financial affairs.
- In 2005, after his ranch house burned, Mr. McNeel signed an estate plan leaving two-thirds to Mrs. Kelly and one-third to Mrs. Jenkin, disinheriting Roby; the change followed Kellys’ increased influence.
- The district court found four elements of undue influence: relationship giving opportunity, susceptibility due to mental condition, active influence, and beneficiary gain; resulting in invalidation of the 2005 documents.
- On removal, the court found Mrs. Kelly not acting in Mr. McNeel’s best interest and appointed Roby McNeel as guardian/conservator; the appellate court affirmed both conclusions and the guardianship removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court clearly erred in finding undue influence | Roby contends undue influence compromised Mr. McNeel’s free will | Kellys argue testator had capacity and independent decision-making | Yes; findings support undue influence and invalidation of the 2005 documents |
| Whether removal of Mrs. Kelly as guardian/conservator was proper | Roby asserts removal was warranted by misconduct/evidence of best interests not served | Kellys claim there was no breach of duty given court-approved expenditures | Yes; supported by undue-influence findings and best-interest standard |
Key Cases Cited
- Retz v. Siebrandt, 181 P.3d 84 (Wy. 2008) (undue-influence elements and burden of proof)
- Melcher v. Benson (In re Estate of McLean), 99 P.3d 999 (Wy. 2004) (undue influence and testamentary capacity standard)
- Brosius v. Gardner, 683 P.2d 663 (Wy. 1984) (undue-influence proof by inference where direct proof is scarce)
- Waters v. Holkan, 629 P.2d 470 (Wy. 1981) (consideration of unnatural or unjust testamentary acts)
- Comeau v. Nash, 233 P.3d 572 (Wy. 2010) (standard for reviewing factual findings in bench trial)