Posts Categorized: Will Contests

The Beneficiary'sCorner-3

Course 3 — Lessons 1 to 3: California Undue Influence Claims

The basics of undue influence. What is Undue Influence? Undue influence is considered excessive persuasion where the intent of the victim is replaced with the intent of the wrongdoer. To prove undue influence you need to prove four basic elements: Vulnerability of the victim, Apparent authority of the wrongdoer, Actions and tactics used in unduly influencing the victim, and An ...

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A Good Back Story

Proving Undue Influence In The Bay Area: A Good Back Story

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 along with your undue influence ...

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Power Of the Law

The Power Of Law: San Diego Probate Court Can Help You

The Law can be a powerful tool when used wisely.  The law is there for a reason, to settle disputes, right wrongs, and help with an orderly flow of rights.  The problem is that fewer and fewer lawyers are relying on the power of law.  With trial dates hard to come by, and fewer lawyers going to trial, the law ...

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Apparent Authority

Proving Undue Influence In The Bay Area: Apparent Authority

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: http://www.aldavlaw.com/practice-areas/litigation/abused-trust-will-beneficiary-litigation/ https://www.youtube.com/watch?v=2fFEWqFCKPw&feature=youtu.be

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duke-it-out

Trial Settles Everything In Your San Diego Trust Or Will Lawsuit

Most California Trust or Will lawsuits settle before trial, but settlements are only possible when both sides agree to a voluntary settlement.  If no settlement is obtained, then you must go to trial.  In this video, partner Keith A. Davidson describes trial in California Trust and Will lawsuits. https://www.youtube.com/watch?v=uWZuoMmpxBg&feature=youtu.be  

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Images

How To Prove Lack of Capacity In Your Bay Area Trust or Will Contest

  Proving lack of capacity takes more than a showing that someone acted strange from time to time.  In this video, partner Keith Davidson discusses what is required to prove lack of capacity in your California Will or Trust contest case. https://www.youtube.com/watch?v=3J53r7k811w&feature=youtu.be

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