LINDA RICKER v. CLARK BLUMENSTEIN

This appeal concerns whether a homeowner diagnosed with Alzheimer’s disease, now deceased, lacked capacity or was unduly influenced to execute a quitclaim deed transferring his house to himself and his nephew as joint tenants with right of survivorship. The homeowner’s sister—who served as his attorney-in-fact and was the sole beneficiary of his will—filed suit challenging the transaction. After a bench trial, the trial court found that the deed was validly executed. However, the trial court struck the survivorship language from the deed, concluding that the homeowner did not understand that specific element. On appeal, the homeowner’s sister seeks, among other relief, the total invalidation of the deed. The nephew argues that the trial court should have enforced the deed as written. We agree with the nephew and modify the trial court’s judgment insofar as it removed the survivorship language. In all other respects, we affirm.