Durr v. Volden

Summary

The court held that the district court applied the wrong burden of proof in rejecting a beneficiary’s claims against an attorney-in-fact. Once the beneficiary showed unaccounted-for withdrawals or suspicious transactions in a confidential fiduciary relationship, the court was required to presume undue influence and shift the burden to the fiduciary to rebut that presumption. The judgment was reversed and remanded for findings applying that burden shift.