Bill > SB540

This bill expands the legal presumption of undue influence, which is when someone improperly pressures another person to make decisions they wouldn't otherwise make, to include challenges against trusts and other documents that transfer property upon death, such as payment on death accounts or transfer on death deeds. Currently, this presumption only applies when someone contests the validity of a will. The bill states that if a presumption of undue influence arises in a case involving these types of property transfer documents, the judge or jury (the "finder of fact") must assume that the deceased person was indeed influenced improperly, unless the evidence presented clearly shows that the deceased person genuinely intended for their property to be transferred as specified in the document.