Dennis G. Lohmann v. Ronald D. Lohmann, et al.

This is a suit between siblings over their mother's Estate. Plaintiff sued his brother, defendant, alleging the defendant had a confidential relationship with the parties' mother and sought a judgment declaring that certain transactions made by the defendant on behalf of the mother were void. Upon hearing the evidence, the Trial Court held the evidence established a presumption of undue influence and the defendant did not rebut the presumption. The Court ruled that the plaintiff is entitled to one-half of the proceeds of the annuity contracts and bank contracts, that the defendant had caused the plaintiff's name to be deleted as a beneficiary of those contracts, and the Court entered Judgment for the plaintiff in the amount of $211,830.86 against defendant and placed a lien upon the defendants' real property until the Judgment is paid. Defendant has appealed and on appeal we affirm the Judgment of the Trial Court.