A woman named who was dying of lung cancer was adjudicated to have been the victim of undue influence by her attorney just months before her death in 2007, according to a Georgia probate judge. The judge rejected Kay's will that left $1 million dollars in a trust for the care of more than 50 pets, an estate, seven acres of property and a yearly $50,000 salary to the girlfriend of Kay's attorney.

The probate judge ruled that the cancer victim's mental state was too tenuous to realize that her lawyer was deceiving her and influencing her decisions. Kay had only known the girlfriend for a short time and was unaware that the primary beneficiary to whom she bequeathed the huge trust for her pets and property was also the girlfriend of the man helping her put together the will and trust.

During the long probate court review of the will, the judge discovered that the attorney had kept the girlfriend's true identity secret from the woman. The court felt the lawyer had taken advantage of the woman's deteriorating mental health caused by the advancing cancer, using deception and subterfuge to sway her final wishes.

The deceased woman's cousin, has been disputing the will, not only for its unusual bequest, but because she agreed with the probate judge about the influence exercised by her cousin's attorney. The cousin had already filed a complaint about the woman's lawyer to the state Bar Association and had it dismissed, before the ruling on the will by the probate court.

The cousin plans to resubmit that complaint to the state Bar Association as the case surrounding her cousin's death is expected to move to a jury trial.

Source: Channel 11 News "$1 million for dogs and cats the subject of heated court case" Jerry Caenes, April 26, 2011