During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question ...
A wealthy man with four adult children, three daughters and a son, left millions to his daughters when he died, but nothing for his son. Was that the father’s intention? The answer came after much ...
A long-time client, Mr. Lee, stops in without an appointment to discuss an “important” financial opportunity he recently heard about. Mr. Lee is 80-years old and a widower. You’ve been his broker for ...
Another issue regularly showing up in will contest cases is “undue influence,” also a squishy legal concept. Undue influence is defined as “words or conduct, or both, which, at the time of the making ...
Know your clients, cover yourself When a deceased client’s family challenges a will and alleges incapacity or undue influence at the time the will was drawn up, it doesn’t just affect asset ...
Evaluating alleged elder abuse often involves determining what an older person understands or understood in the past. Inducing someone to sign a legal document or give a gift, for example, may ...
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Last week I told you about one of the issues that often shows up in will contest cases — the need for the maker of a will to be of “sound mind.” This basically means a person making a will must, at ...