Many times clients will tell us that their mom, dad, grandmother, whomever would never have disinherited them and everybody knows that to be true. Why isn’t that enough to overturn a Trust or Will? The answer lies in the type of evidence you must provide to the court if you want the court to overturn […]
Category: Undue Influence
One of the benefits to hiring an attorney or law firm on a contingency fee basis is payment of the out-of-pocket costs. A contingency fee agreement is one where the attorneys agree to represent the client in return for receiving a percentage of the amount recovered for the client. For example, if the attorney recovers […]
Statutes of limitations are the deadlines by which you must file a lawsuit. We are seeing more and more people miss the filing deadline in the California Trust and Will Litigation arena. We think the reason this is occurring is because the statutes of limitations for Trust and Will issues are complicated. There is not […]
Under California financial elder abuse law, you must prove four elements to establish undue influence: (1) vulnerability of the victim, (2) apparent authority of the wrongdoer, (3) actions and tactics of the wrongdoer, and (4) an inequitable result. Two of these elements stand out over the rest: vulnerability and actions and tactics. Actions and tactics refers […]
The most difficult undue influence cases in California occurs when you want to take action while your parent is still alive. You may believe that your parent is being victimized by a wrongdoer through the use of undue influence, but taking action is complicated. We refer to these cases as the difficult, can’t miss undue influence […]
As lawyers, we have heard many people tell us their version of events that led up to a wrongly created Trust or Will. And one of the main issues we try to determine is whether there are facts to support an undue influence claim. Overturning a Will or Trust based on undue influence is not so […]
It can be hard to distinguish between influence and undue influence. People influence each other every day, but that does not make it undue. Undue influence is far more sinister. Legally speaking, undue influence means the complete replacement of the victim’s intent with the intent of the wrongdoer. Instead of a document reflecting what I want, it […]
It can be hard to convince and judge or jury to rule in your favor unless you have a good back-story. That means a good reason why someone would have left you assets had they not been unduly influenced. In this video, partner Keith A. Davidson describes the need for a good story to go […]
Having a position of authority over an elder can lead to undue influence. In this video, partner Keith A. Davidson discusses the important factor of apparent authority. For more information, click this link: https://www.aldavlaw.com/practice-areas/litigation/abused-trust-will-beneficiary-litigation/
The actions and tactics of a wrongdoer can be critical evidence of undue influence in your California Trust or Will contest. In this video, partner Keith Davidson describes the important issue of actions and tactics. For more information, click this link: https://www.aldavlaw.com/practice-areas/litigation/trust-accounting-litigation/