The Michigan court of appeals upheld the trial court's order quieting title in Erika Fick. She alleged that because of her closed head injury, she did not understand the consequences of signing a quit claim deed to the marital dwelling that conveyed all of her interest to her husband. Actually, he was her ex-husband, and she alleged that he concealed the divorce from her, continued to reside in the marital dwelling, and collected and used for his own benefit insurance payments made to her. Then he tried to evict her.
The court of appeals discussed undue influence as a "recognized species of fraud."
Although the case is not published, the legal discussion makes it well worth reading. Whether you practice in the area of family law or elder law, you may find the principles in Fick v Fick applicable.
Read Fick v Fick, Docket No. 274284, decided August 14, 2008 here.
Comments