Ebey v. Ebey
Leonor and George W. Ebey, who were the parents of appellant Barbara Martina Ebey (Tina) and respondent George Ebey,[1] established a trust in 1974. Following George W. Ebeys death in 1995, two separate trusts were created. George W. Ebeys trust became irrevocable, while the other trust could be amended or revoked by Leonor. In June 2004, Leonor executed the Eleventh Amendment, which eliminated her daughter, Tina, as a beneficiary of her trust and made her son, George, the sole beneficiary. Leonor died in March 2005. We understand the principal arguments by Tina, a self-represented litigant on appeal, to be that the trial court should have (1) applied a presumption of undue influence against George and shifted the burden of proof to George to show that he did not exert undue influence over Leonor; (2) allowed Tina to amend her petition to allege that Leonor signed the Eleventh Amendment as a result of mistake; and (3) allowed Tina to amend her petition to allege that George committed financial elder abuse against Leonor. For reasons that Court explain, Court affirm the judgment.
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