Blog Posts About Undue Influence

Undue influence is when a bad person exercises their power over and elderly person and gets the elderly person to give them extra assets, or to cut the other beneficiaries out. The problem that undue influence is generally difficult to prove directly. Generally, a person will not admit they coerced…

Is it legal to name a caregiver as a beneficiary of a Trust or Will? The answer is… maybe. Here are the things you need to know about naming a caregiver as a beneficiary of a Trust or Will in California: When a Caregiver is Named as a Beneficiary of…

In California, a printed Will (that is any will that comes out of a printer) must be signed by the person creating it, and by two witnesses. If the Will is not signed by two witnesses, then it is invalid. Many people think they can have the Will notarized, but…

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…

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…

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…

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…

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…

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…

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…