In this video, Stewart Albertson describes how to use Financial Elder Abuse laws in California Trust and Will cases.
For our email subscribers: please click the title to view this video on our website.
Fighting For Your Inheritance
Fighting For Your Inheritance
In this video, Stewart Albertson describes how to use Financial Elder Abuse laws in California Trust and Will cases.
For our email subscribers: please click the title to view this video on our website.
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.
We posted over 100 blog articles in 2011. While we enjoy writing each of them, there are a few favorites we have over the course of the year. Each of the posts that made our top 11 list was also very popular with readers based on comments and feedback we received. Here is a list…
Lack of capacity is probably the most used concept in trying to overturn a California Will or Trust. And while nearly ever Trust or Will contest lawsuit contains an undue influence allegation, undue influence is usually minimized or even ignored altogether at trial. In this vide, Keith A. Davidson discusses how both concepts can be…
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Stewart R. Albertson discusses how undue influence is used to overturn a California Will or Trust. There are two ways to prove undue influence in California, either directly or by shifting the burden of proof onto the opposing party. Stewart describes the basic concepts. For those viewing this blog by email subscription…
I’ve blogged before about using the concept of undue influence to overturn a California Will or Trust. But knowing the definition of undue influence is only the first step. To make the concept of undue influence useful, you have to know how to prove the existence of undue influence in a Court of law. That…
Trust and Will lawsuits often provide different paths to the same destination. My client, a trust beneficiary, recently filed a lawsuit against a trustee of a California trust for financial elder abuse, and at the same time sued for undue influence to set aside the Trust amendment created at the hands of the Trustee/Abuser. In…
People influence others every day, and most types of influence simply persuades a person to make a certain decision–where to eat, what to buy, who to like, you get the idea.
Sometimes influence can get out of hand and become “undue.” What separates normal influence from undue influence? Simply put, undue influence is coercion. It…
California Form Interrogatory 15.1 (an “interrogatory” is just a question) is the most important interrogatory to serve on your opposing party in a lawsuit. And the law requires they answer it fully and completely. Yet, so many attorneys refuse to answer the question properly.
A typical use of 15.1 follows:
You file a Trust Contest…