In the Matter of the Estate of Erna Rousey

Summary

The court affirmed the rescission of property and cash transfers from Erna Rousey to her son, concluding that he had a confidential relationship with Erna and that the transfers resulted from undue influence. It held that the superior court was not required to conduct a Daubert/Coon hearing because the expert testimony concerned a well-established area of expertise and the testimony was admitted without objection. The court vacated and remanded the enhanced attorney’s fee award because the superior court may have relied on prelitigation conduct and inadequately explained why Jimmy’s opposition to the petition was undertaken in bad faith. The court also required credits for $50,000 transferred to Gordon and for amounts returned to the estate or treated as an advancement.