IN RE ESTATE OF BETHUREM

No. 57749.

313 P.3d 237 (2013)

In the Matter of the ESTATE OF Arlan Edward BETHUREM, Deceased. Ines Caraveo, Appellant, v. Anita Herrera Perez; Sandra Kurtz; and Vicki S. Preston, Respondents.

Supreme Court of Nevada.

November 27, 2013.


Attorney(s) appearing for the Case

Hawkins Folsom & Muir and Gordon R. Muir , Reno, for Appellant.

Holland & Hart LLP and Richard L. Elmore , Tamara Reid , and J. Robert Smith , Reno, for Respondents Anita Herrera Perez and Sandra Kurtz.

John F. Kirsch , Reno, for Respondent Vicki S. Preston.

J. Douglas Clark , Reno, for Amicus Curiae State Bar of Nevada, Probate and Trust Law Section.

BEFORE THE COURT EN BANC.


OPINION

By the Court, PARRAGUIRRE, J.:

In this appeal, the beneficiary of a will challenges a district court order invalidating the will as the product of the beneficiary's undue influence. A rebuttable presumption of undue influence is raised if the testator and the beneficiary shared a fiduciary relationship, but undue influence may also be proved without raising this presumption. As a matter of first impression in Nevada, we hold that in the absence...

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