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Estate of Chin

Circumstantial Evidence Shows Son Had 'Opportunity, Disposition' to Wield Undue Influence

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*1  In this probate proceeding, petitioners Theodore and Philip Chin move for summary judgment granting probate to an instrument dated April 10, 2003 and dismissing the objections filed by their sister, Patricia. Objectant cross-moves for summary judgment denying probate to the instrument on the grounds that it was not duly executed, decedent lacked testamentary capacity and that it was the product of undue influence, fraud and duress. Decedent died on January 23, 2016 survived by her three children: Patricia, Theodore and Philip. The instrument offered for probate bequeaths decedent’s ownership interest in a corporation known as Hong Kong Sea Food King Inc. to her three children equally. However, the majority of her personal property, including shares worth several million dollars in a corporation known as Po Jun Realty Inc., passes though her residuary estate to petitioners Theodore and Philip. The three-page typewritten instrument was drafted by an attorney, Kaplan, who allegedly also supervised its execution.Decedent had a prior attorney/client relationship with Kaplan, who had performed various legal services for her over the years including the preparation of a power of attorney dated January 10, 1997 naming Theodore as her agent, the preparation of leases for her tenants, the creation of an irrevocable trust dated December 1, 1999 (“Po Jun Chin Irrevocable Trust”) and the

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