Let’s pretend you have a crazy uncle that only wears pajamas even when going to places outside his home. He often goes to his neighbors’ houses and offers to buy all of their furniture even though the furniture is not for sale. And he sends strange gifts to family members through the mail, which
If you have an undue influence claim, here are the top five things you must consider in bringing your claim in court:
Starting January 1, 2014, the definition of undue influence was unified under Welfare and Institutions Code Section 15610.70. That means the same facts and circumstances that
One of the biggest benefits of creating a revocable, living Trust is that it allows your successor Trustee to manage your affairs if you lose capacity. Sounds good, but who decides when your capacity is kaput?
That will be the question for the Court to decide on Monday, July 7th when a Los Angeles
This is part four of a four part post discussing the newly created standard for proving undue influence directly in California Trust and Will contests.
Effective January 1, 2014, the California Legislature has introduced a new standard for proving undue influence directly (found at Welfare and Institutions Code Section 15610.70; and made applicable to
This is part three of a four part post discussing the newly created standard for proving undue influence directly in California Trust and Will contests.
Effective January 1, 2014, the California Legislature has introduced a new standard for proving undue influence directly (found at Welfare and Institutions Code Section 15610.70; and made applicable to the
This is part two of a four part post discussing the newly created standard for proving undue influence directly in California Trust and Will contests.
Effective January 1, 2014, the California Legislature has introduced a new standard for proving undue influence directly (found at Welfare and Institutions Code Section 15610.70; and made applicable to the
How do you know when influence becomes undue? People influence one another every day, it’s part of being social. But when influence crosses the line it becomes undue and that can cause a California Will or Trust to be invalidated.
The problem is articulating the undue influence standard. In California, we have two ways of
If you went to the trouble to create a California estate plan that includes a revocable Trust, durable power of attorney for financial assets, and a healthcare directive, you probably have a capacity provision in each of these documents. The capacity provision says that your successor Trustee or successor agent (under the durable power of
This is not a medical blog, but medicine and the law interact extensively when it comes to determining (or challenging) a person’s legal capacity. To prove lack of capacity requires evidence of a mental defect, such as dementia or Alzheimer’s disease. Alzheimer’s also plays a role in proving a weakness of mind—required for undue influence.
Partner Stewart Albertson discusses the concept of undue influence in overturning a California Trust or Will. You can read our other posts (and see our other videos) on undue influence here.
To our email subscribers: click on the title link to view the video on our website.