Proving undue influence in court is never easy. These cases often arise after someone has passed away, leaving behind a trust or trust amendment that seems suspicious or out of character. By then, the victim is no longer alive to explain their intentions, and those who benefited from the changes are unlikely to admit they […]
Financial elder abuse is a growing and deeply troubling problem in California. Every day, hundreds—if not thousands—of elders fall victim to exploitation. Even more disturbing is that the perpetrators are often family members or close friends—people the elder trusts the most. Financial exploitation can take many forms, from outright theft to subtle manipulation of legal […]
How a Nosy Neighbor Can Take Advantage of an Elder It all starts innocently enough. A neighbor befriends an elder and over time begins “helping” the elder by doing errands, driving them to doctor’s appointments, and helping them write checks or make online bill payments. Over time, the neighbor uses the trust they created to […]
To prove undue influence, one of the four elements you must establish is the equity of the result. Evidence of the equity of the result may include, but is not limited to, economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value […]
Undue influence requires proof of the actions and tactics taken by the undue influencer. Actions and tactics include, but are not limited to: (1) controlling necessaries of life, education, the victim’s interactions with others, access to information, or sleep, (2) use of affection, intimidation, or coercion, (3) initiation of changes in personal or property rights, […]
To prove undue influence, one of the four elements you must establish is that the undue influencer was in a position of apparent authority over the victim. Evidence of apparent authority includes, but is not limited to, their status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or […]
For purposes of undue influence, a person may be considered to be vulnerable (or susceptible) to undue influence based on incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency. These factors in conjunction with whether the influencer knew or should have known of the alleged victim’s vulnerability, play a role […]
If you are a beneficiary of a Trust in California, you have legal rights. Below is a list of some of a California Trust beneficiary’s basic rights. Obtain Copies of Trust Documents Trust beneficiaries are entitled to receive copies of the Trust documents. Beneficiaries should receive copies of the Trust when either: The Trust (or […]
I want to welcome you to The Big Challenge. We’ve done a lot of videos over the years where we talk about things like lack of capacity, undue influence. These are legal grounds for overturning a trust or a trust amendment. But we’ve never put together a comprehensive course that goes from start to finish. […]
Parents do not have to treat children equally in estate planning documents (Wills and Trusts). Under California Trust and Estate law, creators of a Will or Trust may leave their assets to whoever they wish, including non-family members. There is no requirement that parents provide equal treatment to their children under a Trust or Will. […]
