Estate of Kester v. Rocco

Appellant Glenna Kester, personal representative of the estate of Barbara Kes-ter, appeals the trial court’s revised order, entered May 31, 2012, finding that she exercised undue influence over the testa*1198tor, breached her fiduciary duties to the estate, and took possession of three financial assets after her mother’s death as a constructive trustee rather than as a beneficiary. The order is reversed because the evidence was insufficient to support a finding of undue influence and there was no showing that Appellant breached her fiduciary duties.

Barbara Jane Kester died testate on January 21,…