Recent Posts in undue Influence Category
Posted on Dec 9, 2010 By Los Angeles Estate Planning Attorney
Unfortunately, often times the elderly become a target for fraud, and this extends into the area of estate planning. If you have loved ones that are entering into their twilight years and need ...
Continue reading "Dealing with Fraud or Mistake in Estate Planning" »
Posted on Oct 11, 2010 By Renee Linares
Often times when an ailing person requires 24 hour care, they become quite close with their care custodian. This may result in situations where the care custodian uses the close relationship and the ...
Continue reading "Donative Transfers to Care Custodians of Depending Adults" »
Posted on Oct 8, 2010 By Renee Linares
When drafting an estate plan you must consider many factors, including who drafts your will and/or trust. Certainly you should look for a qualified attorney. If you have concerns about how a trust was ...
Continue reading "Trust Drafting and Conflict of Interests" »
Posted on Aug 17, 2010 By Renee Linares3
There are several grounds upon which you can contest a will. One of the grounds is fraud which is often brought together with undue influence. Fraud is defined as a false representation or concealment ...
Continue reading "Contesting a Will based on Fraud" »
Posted on Aug 10, 2010 By Renee Linares
On January 1, 2010, the California legislature enacted new laws regarding no contest clauses. Most significantly, the definition of contest was changed to include a requirement that a direct contest ...
Continue reading "California establishes a test for Probable Cause in a Will Contest" »
Posted on Aug 6, 2010 By Renee Linares
You may not know the exact definition of the legal term "undue influence" however that does not mean you have not been a witness to such wrongful conduct. Often times the elderly are victims to people ...
Continue reading "Spotting Undue Influence" »
Posted on Jul 8, 2010 By Renee Linares
One of the sad realities is that many people are taken advantage when they are most vulnerable, in their golden years, while in the care of someone they trust. Unfortunately, anyone close to the ...
Continue reading "California Law Protects Seniors from Undue Influence" »
Posted on Jul 2, 2010 By Renee Linares
On December 7, 2009, Pauly Shore became famous for something other than his comedy routines. Pauly Shore filed a lawsuit against his brother, Peter Shore which alleges Peter has exerted undue ...
Continue reading "Undue Influence in Hollywood" »
Posted on Jun 29, 2010 By Renee Linares
In June of 2010 the California Appellate Court decided on whether to recognize the tort of intentional interference with an inheritance expectancy, and declined to do so. This tort is a relatively new ...
Continue reading "What is Tortious Interference with Inheritance Expectancy " »
Posted on Jun 28, 2010 By Renee Linares
In June of 2010, the California Court of Appeals reviewed a case involving interference with an inheritance expectancy. Petitioner/Appellant James Munn alleges that his sister and brother-in-law ...
Continue reading "Tortious Interference with Inheritance Expectancy not recognized in California" »