Winchester

FACTS AND PROCEDURAL HISTORY

Plaintiff was the son of Norma L. Winchester (decedent), who is now deceased. Defendant is married to Maria Pike (Maria), decedent’s niece. In November 2000, the then 71-year-old decedent executed a family trust (trust), naming Maria as the trustee; the trust also provided for two successor trustees. Plaintiff was the sole beneficiary. Concurrently, decedent appointed Maria as her attorney in fact under a power of attorney for decedent’s financial affairs. In August 2001 decedent’s physician diagnosed her with “progressive and irr[e]versible Alzheimer’s Disease,” and unable to “make any financial . . . decision . . . .” From June 2001 until her death decedent resided at care facilities. In 2000 decedent had a Vanguard account (Vanguard account) with a balance of just over $61,000. In October Maria used more than $53,000 from that account to purchase a Lincoln Navigator for herself. In October 2000 and January 2001 two checks totaling $5,000 were written to Maria from the account. The balance in the account was “depleted” by June. In 2001 Maria sold the Lincoln for $27,500 in cash. There was a deposit for that amount in defendant and Maria’s joint…