SB 540

Undue influence; presumption in actions contesting validity of certain document or instrument. Provides that, in an action contesting the validity of a document or instrument that conveys or transfers real or personal property upon the death of the owner of such real or personal property, such as a trust or trust instrument, a payment on death account, or a transfer on death deed, where a presumption of undue influence arises, the fact finder shall presume that the undue influence was exerted over the decedent unless evidence leads the fact finder to determine that the decedent did intend for the real or personal property to be conveyed or transferred as indicated. Current law applies this presumption of undue influence only to actions contesting the validity of a will.