What Influence is Undue?

Not all influence over a person making a will, trust or deed is considered to be “undue” influence that would invalidate the instrument. The level of influence that is considered “undue” is often determined by the jury, and the jury’s findings are usually not reversed on appeal.

Undue Influence Elements
The elements of undue influence are: (1) the existence and exertion of an influence: (2) that subverted or overpowered the mind of the testator at the time of execution of the instrument; and (3) so that the testator executed an instrument he or she would not otherwise have executed but for the influence. Rothermel v. Duncan, 369 S.W.2d 917, 922 (Tex. 1963). The burden of proof is on the person contesting the instrument.

Factors Showing Influence
The Rothermel court also noted numerous factors to analyze in determining undue influence, including the relationship between the testator and the party exercising the influence, the opportunities for exertion or deception, the circumstances surrounding the drafting and execution of the instrument, and the existence of a fraudulent motive. To determine whether the testator’s free will was overcome, the testator’s mental and physical incapacity to resist are examined, including whether the testator was physically or mentally debilitated.

Appeals Cases Affirming Undue Influence
In Cooper v. Cochran, a grandson told his grandmother that, if she did not sign the papers to create the trust that the grandson wanted, he would see to it that she “would never see the light of day” and that he would “put her in an insane asylum.” These facts, coupled with the fact that the grandmother was elderly, living alone, and needed assistance, was sufficient evidence to support the trial court’s finding of undue influence. Cooper v. Cochran, 288 S.W.3d 522 (Tex.App.-Dallas 2009, no pet. h.).

The In Re Estate of Reno case involved a daughter who isolated her 80 year old mother away from other family members, and then had the mother execute a will that was completely prepared by the daughter and which left all of the mother’s estate to the daughter (despite the fact that the prior will included the mother’s other children, her 13 grandchildren, and several charities, and several charities). The mother was suffering from occasional episodes of mental disorientation and confusion and was receiving hospice care in a nursing home. The appeals court found that the evidence supported the trial court’s finding of undue influence. In Re Estate of Reno, No. 06-09-00040-V (Tex.App.-Texarkana 2009, no pet. h.).

Summary
Most evidence showing undue influence is circumstantial rather than direct. Despite this fact, jury findings of undue influence are difficult to reverse on appeal.

James A. “Jim” Evans, III

Senior Counsel
Oil & Gas, Real Estate Litigation

Jim Evans comes to Ramey Flock from an impressive 25-year background in both law and land. He skillfully handles:

  • Real estate litigation
  • Oil, gas, and mineral issues
  • Business litigation


Jim is motivated by a desire to resolve disputes in a practical and efficient manner, arriving at the best result for his clients.

  • South Texas College of Law, J.D. (2005)
  • Hampden-Sydney College, B.A. (1995)
  • Energy Finance & Management Certificate, University of Denver School of Business
  • Former Registered Landman, AAPL
  • Real Estate Litigation
  • Real Estate Transactional Matters
  • Oil, Gas, and Mineral Issues
  • Contract Law
  • Employment Law
  • Civil Litigation
  • Numerous Appeals to the Texas Courts of Appeals, Texas Supreme Court, and U.S. Fifth Circuit
  • State Bar of Texas
  • Smith County Bar Association
  • Federalist Society, Tyler Lawyers’ Chapter
  • Republican National Lawyers Association
  • South Spring Baptist Church, Member
  • Heart of Tyler, Former Board Member
  • Real Estate Probate & Trust Section, Oil Gas & Mineral Law Section
  • Eastern District of Texas
  • Northern District of Texas
  • Western District of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States Supreme Court

Haley G. Nutt

Associate Attorney
Civil Litigation

Haley Nutt came to Ramey Flock from Texas A&M University and the University of Mississippi School of Law. With a primary focus on civil litigation, she also handles cases pertaining to:

  • Real estate
  • Employment
  • Probate
  • Business

 

She serves clients out of a deep-seated belief in one’s right to quality representation and commitment to upholding justice and the foundations of American law.

  • University of Mississippi School of Law, J.D. (2021)
  • Texas A&M University, B.S. (2018)
  • Real Estate
  • Employment
  • Probate
  • Smith County Young Lawyers
  • Smith County Bar Association
  • Texas State Courts

Justin Lindley

Senior Counsel
Business & Probate Law

Justin Lindley draws on a breadth of experience in civil, probate, and business litigation to help people find favorable solutions. Now, he primarily focuses on:

  • Business law such as business transactions, formation, and construction matters
  • Probate law such as probate proceedings, guardianships, and trust related matters
  • Mediation and Alternative Dispute Resolution

Driven by a desire to help people, Justin handles select mediations and civil litigation matters. He has devotedly practiced law in Tyler since 2003.

  • Baylor University School of Law, J.D. (2003)
  • Texas A&M University, B.S. Soil and Crop Science (2000)
  • Mediation – Alternative Dispute Resolution
  • Wills – Probate – Estate Planning
  • Guardianships
  • Contracts
  • Business Transactions
  • Business Formation
  • Construction
  • Oil & Gas
  • State Bar of Texas
  • Smith County Bar Association
  • Mentoring Alliance, Current Board Chair
  • Junior Achievement, Former Board Chair
  • Texas State Courts

John Fuller

Associate Attorney
Commercial & Probate Litigation

John Fuller joined Ramey Flock in the fall of 2022. He practices in the following areas:

  • Probate litigation
  • Commercial litigation
  • Employment
  • Business transactions
  • University of Utah, David Eccles School of Business – B.S., Accounting and B.S., Finance (2018)
  • University of Utah, David Eccles School of Business – Master’s Degree in Accounting (2019)
  • Baylor University School of Law, J. D. (July 2022)
  • Commercial Litigation
  • Probate Litigation
  • Employment and Business Transactions
  • State Bar of Texas
  • Smith County Bar Association
  • Smith County Young Lawyers Association
  • All Texas State Courts
  • U. S. District Courts – Eastern District of Texas

Alan E. Brown

Senior Counsel
Personal Injury Litigation

Alan Brown has been representing clients in personal injury and other civil cases since 1983. His expertise is often sought out for matters related to:

  • Civil litigation
  • Personal injury
  • Insurance defense
  • Mediation


Alan is driven by a desire to provide a vigorous defense of those against whom claims have been made seeking damages for personal injury.

  • Baylor University School of Law, J. D.
  • Baylor University, B.B.A.
  • Personal Injury Trial Law, Texas Board of Legal Specialization
  • Civil Litigation
  • Insurance Defense
  • Mediation
  • Personal Injury
  • Business Litigation
  • Defense of chemical manufacturer in federal court wrongful death action arising out of exposure to defoliant used in national forests
  • Prosecution of action on behalf of telecommunications company in action for damage to its subsurface transmission lines
  • Defense of multiple trucking companies in eighteen wheeler collisions
  • Defense of oil well owner in wrongful death claim arising out of work by work-over crew
  • Defense of oil well owner in suit alleging improper water injection resulting in damage to adjoining lease
  • Defense of oil company in injury claim resulting from well blow-out due to faulty down hole packer
  • Prosecution of claim for plumbing company for rights under construction lien
  • Defense of landowner in premises liability action for serious burn injury
  • Defense of wrongful death action brought against college student arising from an auto/pedestrian accident
  • Defense of multiple worker compensation carriers and non-subscribing employers
  • General counsel for local manufacturing company
  • Counsel for local real estate developer
  • State Bar of Texas
  • Smith County Bar Association
  • Smith County Bar Association – President (2004-2005)
  • Smith County Bar Foundation – Charter Member – President (2006-2007)
  • Fellow of the Texas Bar Foundation
  • Texas Association of Mediators
  • First Baptist Church – Deacon, Chair
    (2020)
  • Baylor Alumni Assoc. Board of Directors
    (1988-1991) and (2010-2013)
  • Baylor School of Law Alumni Association
  • East Texas Baylor Club (2 terms as President)
  • Baylor University Council for Institutional Development (1986)
  • East Texas Republican Club, President (2020)
  • U.S. District Courts for the Eastern District of Texas & Fifth Circuit Court of Appeals
  • Texas State Courts

Archer Ramey

Senior Associate Attorney
Probate & Business Litigation

Archer Ramey is a skilled probate litigator who carries on his family’s legacy of reliability and excellence at Ramey Flock. He primarily handles:

  • Probate litigation including will contests and estate planning
  • Business litigation such as business formation, ownership disputes, and business terminations


A Tyler native, Archer brings a wealth of understanding and experience to his clients to help them move through the legal process with assurance.

  • Baylor Law, J.D. (2016)
  • Baylor University, B.B.A (2013)
  • Wills – Probate – Estate Planning
  • Business & Commercial Litigation
  • Business Formation
  • Probate Litigation – Estate Disputes
  • Smith County Bar Association
  • Smith County Young Lawyers Association, President (2022-2023)
  • Smith County Young Lawyers Association, Vice-President (2021-2022)
  • Smith County Young Lawyers Association, Board Member (2018-2021)
  • Smith County Young Lawyers Association, Treasurer/Secretary (2020-2021)
  • Smith County Bar Association, Director (2024-2025)
  • Outstanding Young Lawyer Award (2023-2024), Smith County Young Lawyer’s Association
  • All Texas State Courts
  • U.S. District Courts – Eastern District of Texas

Andrew Stinson

Shareholder
Business & Patent Litigation

Andy is widely sought after to handle:

  • Patent litigation cases from all over the country. Andy serves as local counsel for cases in the Eastern District of Texas.
  • Business and commercial litigation such as banking, class collective action, and business formation.
  • Employment litigation such as discrimination claims, employee terminations, and non-compete agreements.

His love for the East Texas community drives him to use his expertise to guide clients through legal issues with confidence.

  • Baylor University School of Law, J. D. (2000)
  • Texas A&M University, B.A. (1997)
  • Intellectual Property
  • Construction
  • Labor – Employment
  • Banking
  • Class Collective Action
  • Business & Commercial Litigation
  • Business Formation
  • Collections
  • Commercial Transactions
  • Creditors Rights
  • Governmental – Municipal Liability
  • Health Care
  • Real Estate
  • Wills – Probate – Estate Planning
  • Oil & Gas
  • Represented chipset supplier in a patent infringement suit
  • Represented internet-based company in a patent infringement suit
  • Represented movie production studio in a patent infringement suit
  • Represented sports manufacturer in a false patent marking suit
  • Represented local hospital in a suit against a major information system supplier
  • Represented corporate client in a shareholder dispute involving a closely held corporation
  • Represented local operator against a major oil company
  • Represented major foreign auto-maker in a products liability lawsuit
  • State Bar of Texas
  • Smith County Bar Association, Former Director
  • Smith County Bar Foundation, Board Member
  • Tyler Area Chamber of Commerce
  • ABOTA (American Board of Trial Advocates)
  • Leadership Tyler, Former Board President
  • Boys & Girls Club of East Texas, Former Board President
  • Leadership Tyler, Class 20
  • Encouragement Media Group, Board Member
  • U.S. District Courts for the Eastern, Northern and Western Districts of Texas
  • Texas State Courts

Steve Spitzer

Managing Shareholder
Probate & Real Estate Litigation

Steve Spitzer is among the most highly sought-out probate litigators in East Texas. He expertly handles:

  • Probate litigation such as will contests, trust and guardianship disputes
  • Real estate disputes such as title issues, land partitions, and boundary disputes


Driven by a desire to see clients who are involved in the conflict and stress of litigation achieve successful resolutions, Steve takes an understanding, yet relentless approach to each case.

  • Baylor University School of Law, J.D., cum laude (1989)
  • Baylor University, B.B.A., with honors (1988)
  • American Board of Trial Advocates
  • Martindale-Hubbell: AV Rating
  • Probate Litigation – Estate Disputes
  • Real Estate Litigation
  • Business & Commercial Litigation
  • Wills – Probate – Estate Planning
  • Recovery of over $2 million for beneficiary of estate and trust when trustee and executor refused to pay
  • Trial of will contest involving legal capacity and undue influence of an elderly person who executed a second will within days of death
  • Local Counsel for Fortune 500 company involved in multi-million dollar East Texas lawsuit
  • Guardianship defense of elderly client from claims of mental incapacity
  • Trust revision suit to update terms of decades-old trust containing over $1 million in assets
  • Jury trial involving defense of wrongful termination against an East Texas employer of over 500 employees
  • Multiple jury trials in East Texas
  • State Bar of Texas
  • Smith County Bar Association
  • Tyler Area Chamber of Commerce
  • ABOTA (American Board of Trial Advocates)
  • Grace Community Church – Elder
  • Grace Community School – Former Board Member of 20 years
  • East Texas Communities Foundation – Board Member
  • U.S. District Courts for the Eastern, Northern, Southern and Western Districts of Texas
  • Texas State Courts