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Blog Posts in undue Influence

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  • Court Reverses Insurance Agent's Theft Conviction
    Court Reverses Insurance Agent's Theft Conviction

    Glenn Neasham, an insurance agent by trade, sold an Allianz MasterDex 10 annuity to Fran Schuber, an 83-year old woman. The MasterDex 10 annuity was approved for sale by the California Department of ...

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  • In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause
    In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause

    There are instances when a will has been revised to change the distribution of assets amongst beneficiaries. Some of these wills may have a no-contest clause that would prevent anyone from contesting ...

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  • Part II - Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers
    Part II - Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers

    To continue our blog on Hernandez v. Kieferle, Claudine appealed the probate court's judgment invalidating the 2008 amendment and confirming the Hernandezes as Gertrude's successor trustees. Claudine ...

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  • Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers
    Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers

    Under Probate Code section 21350, there is a rebuttable presumption that testamentary transfers to care custodians/caregivers are the product of fraud, duress, menace or undue influence. However, ...

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  • Comedian Richard Pryor and His Last Act
    Comedian Richard Pryor and His Last Act

    Richard Pryor's kids probably did not think the comedian was being funny when he secretly re-married his care custodian in his later years; and consequently, revised his estate plan to leave ...

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  • Testamentary Capacity to Execute Trust Amendments
    Testamentary Capacity to Execute Trust Amendments

    Testamentary capacity to execute trust amendments may be governed by Probate Code section 6100.5 or sections 810-812. Probate Code sections 810-812 require a higher standard of capacity as compared to ...

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