Son wins back inherited land worth $1.5 million
A trust amendment that would have stripped a son of his right to inherit about 78 acres of farmland has been set aside after a trial court found that his sister had unduly influenced their ill mother.
On Sept. 20, 1993, Leander and Marie Moder executed the Leander and Marie Moder Living Trust. The couple’s son, William Moder, and one of their daughters, Mary E. Snipes, were to act as co-trustees.
The only assets in the trust were the home and farmland owned by the couple in House Springs, Mo. The 246.76 acres of farmland was split into three parcels. Two of the parcels, located north of Highway 30/Gravois, were commonly referred to as “the Farm”; one was 96.98 acres and the other 78.51 acres. Under the terms of the trust, the couple’s son was to inherit the two parcels. Except for a tour of duty in Vietnam, Moder worked on the farm his entire life.
According to the trust, the third parcel of land, 71.27 acres located south of Highway 30, was to be inherited by the couple’s daughter Barbara Brison. Finally, the trust stated that the Moders’ other daughter, Snipes, was to receive 1.5 acres of the property north of Highway 30, as well as the home on the property.
Leander Moder died in January 1999. After her husband’s death, Marie Moder began to decline both physically and mentally, and she became increasingly worried about upsetting Brison. In July 1999, Brison opened up a joint checking account with her mother, who could no longer read bank statements because of her deteriorating eyesight. By 2001, Brison was writing and signing all of her mother’s checks. By 2002, Brison was attending to all of Marie Moder’s financial affairs.
In October 2001, Marie Moder broke her right hip. Brison informed one of her mother’s doctors that Moder “does have some periods of cognitive impairment.” In November 2001, Brison obtained power of attorney over Moder. The attorney who prepared the document never spoke with Moder; he was also absent when the document was signed. Brison did not tell her brother or sister that she had obtained power of attorney over their mother.
After Moder broke her hip, witnesses testified, her health continued to deteriorate. One witness testified that “the lights were on, but nobody was home.” On April 24, 2002, Moder was declared legally blind.
On Sept. 19, 2002, Marie Moder amended the trust. Her son would no longer receive both parcels of land under the terms of the amended trust. Instead, the 78.51-acre parcel of land, which plaintiffs estimated to be valued in excess of $1 million, was granted to Brison’s three sons, two of whom had left Missouri 15 to 20 years earlier.
The document was drafted by a now-disbarred attorney who met with Moder only once, on the day she signed the document. The attorney testified that he thought that Brison’s children all still lived in the area and that he was unaware that Moder had other grandchildren. In fact, William Moder and Mary Snipes each have two children.
The attorney only met with Moder for about half an hour, while in Brison’s presence, and did not learn that Moder was blind until she was unable to find the signature line on the document. Brison did not tell her brother, her sister, or her sons about the trust amendment. The attorney and Brison discussed the amendment with Moder, who was also hard of hearing.
Marie Moder died on June 8, 2004. It was only after her death that Snipes and William Moder became aware of the amendment. Snipes resigned as trustee soon after her mother’s death, and William Moder became the sole trustee.
William Moder and Mary Snipes sued Barbara Brison and her three sons in Jefferson County Circuit Court on Oct. 26, 2005, seeking to invalidate the amendment. They alleged that Moder lacked the testamentary capacity to execute the amendment. They also alleged that the amendment was invalid because it was the result of Brison’s undue influence over their mother. The plaintiffs were represented by Matthew J. Rossiter and Jamie L. Boock of the St. Louis law firm Rossiter & Boock.
Brison filed a counterclaim against Moder, alleging that he breached his fiduciary duty to the trust when he issued a special warranty deed to Brison for the disputed property. She also sought his removal as trustee and sought one-third of a certificate of deposit established with funds used to cover trust expenses.
The case went to trial before Jefferson County Circuit Court Judge Robert Wilkens. On Dec. 12, 2007, Judge Wilkens issued a 23-page ruling in which he noted that William Moder and Barbara Brison had never been close and that they did not have a good relationship during their mother’s illness. He concluded that Brison had unduly influenced her mother and that Marie Moder had lacked the testamentary capacity to execute the amendment.
Judge Wilkens invalidated the amendment and also ruled against Brison on all of her counterclaims.
