The Guide to Undue Influence by Step Parents | RMO Lawyers скачать в хорошем качестве

The Guide to Undue Influence by Step Parents | RMO Lawyers

Undue influence by step parents is a sensitive topic. Based on our experience, a stepmother is one of the most common perpetrators of undue influence. Whether real or perceived, we counsel clients frequently about the topic and regularly investigate these claims. We also investigate, prosecute, and defend undue influence cases against stepfathers. Let’s discuss. FULL ARTICLE: https://rmolawyers.com/the-guide-to-u... Overview: Undue Influence By Stepmothers and Stepfathers -- As with any estate, heirs and beneficiaries naturally are interested in how their family legacy will be distributed. Couple this natural curiosity with the high emotions that come with the loss of a loved and a stepmother or stepfather who seems to be getting an unfair share and there is a natural tendency for the biological children, heirs and beneficiaries of the decedent to suspect wrongdoing. While this is common, it’s just as common for the majority of the estate to be left to the surviving spouse, i.e., the stepmother or stepfather, especially when the relationship was a long one. The bottom line is that you should trust your gut and hire counsel to help you examine whether your loved one was the victim of undue influence. What’s the definition of undue influence in California? Under California Welfare and Institutions Code § 15610.70, undue influence is defined broadly as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” What are specific examples of step parent undue influence? Example, a vacation home that had been left to the decedent’s child in a previous version of the will, was now left to the stepmother in an updated version of the will – not as a life estate, which would allow the step-parent to use the house during her life, but to her outright. In this case we would investigate whether the decedent’s children should contest that the stepmother used undue influence to convince the decedent to change the asset distribution in her favor. Here are examples of undue influence that we’ve seen, and successfully defended victims of: Sexual Coercion Emotional Coercion Emotional Abuse Physical Abuse Care Restrictions Financial Abuse By the way, what is an estate dispute? An estate dispute typically refers to any situation in which a decedent’s heirs or beneficiaries dispute the manner in which a decedent’s have been transferred or will be distributed pursuant to a will or trust. More often than you may think, when a person dies, disputes exist about who should receive the decedent’s assets, ex. money, stocks, bonds, real property, jewelry, etc. Common Reasons Children Sue Step Parents In our experience, there is often an emotional volatility between the children of a deceased parent and the surviving spouse/stepmother/stepfather. While they may have had a cordial or even quasi-familial relationship prior to the passing of the parent, after death, issues associated with inheritance, estate distribution, and financial abuse are an unexpected surprise. Commonly, the decedent’s children expected a particular inheritance, or distribution plan, in accordance with the will or trust and what their parent told them they would inherit. When the children’s expectations are not met, disputes naturally arise, especially when a non-family member inherits more than they “should.” Many cases can be resolved through mediation, negotiated settlement or mandatory settlement conference, but usually only after claims have been thoroughly investigated and, often, only after litigation has been filed. At RMO, we handle undue influence claims every day. Do I need an estate litigation lawyer near me? We recommend finding an experienced estate litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the children live in Florida, but the decedent lived in Los Angeles, we recommend working with a probate lawyer in Los Angeles. A Los Angeles probate lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out of state attorney. Looking for legal representation? At RMO, we protect people like you everyday. Learn more at: https://rmolawyers.com/services/trust... Call (424) 320-9444 or email [email protected] About RMO Lawyers: RMO LLP serves clients throughout California and Texas, with offices in Los Angeles, Orange County, San Diego, Fresno, Pasadena, the Bay Area, Dallas, and Houston. We are laser-focused on guiding our trustee, executor, beneficiary, heir, conservator, and guardian clients through some of the most complex and emotionally charged issues life can throw them. Our commitment to helping our clients achieve results that not only add to their bottom line but to their peace of mind is at the core of everything we do. That’s RMO.