Inheritance Recovery Attorneys: Inheritance Disputes - Trust Contests; Undue Influence Overview скачать в хорошем качестве

Inheritance Recovery Attorneys: Inheritance Disputes - Trust Contests; Undue Influence Overview

Ed Terzian, founder of the Inheritance Recovery Attorneys, LLP, provides an overview of the legal theory of Undue Influence. Undue Influence is the most common grounds for contesting the validity of a trust or other estate document. There are very specific pieces of evidence we look for when assessing a case. First, did the alleged wrongdoer occupy a position of confidence or trust with the decedent (the person's estate at issue). This is often met by virtue of a parent-child relationship. Other examples are caretakers, fiduciary roles such as attorney-in-fact or trustees. Another element we seek to prove when building a contest based on undue influence is the alleged wrongdoer's involvement in the procurement of the document. Did the wrongdoer draft the estate plan, print it off the computer, drive the decedent to the attorney's office, act as witness to the execution of the estate plan? Was the alleged wrongdoer involved in the creation of the document. Finally, did the alleged wrongdoer unduly benefit? This is often met if the result under the challenged trust is inconsistent with prior versions of the estate plan or the disposition of the estate had it passed under the laws of intestacy (equally to all the living heirs). Meaning, did the alleged wrongdoer end up with disproportionate amounts. Other important factors include the decedent's vulnerability to undue influence and the extent to which the alleged wrongdoer isolated the decedent from loved ones. We also look for direct evidence of undue influence, such as physical threats, abuse, and the extent to which the alleged wrongdoer coerced the decedent into executing the challenged estate plan. It is often a grey area, given manipulation is not per se illegal. Although the law is an imperfect measure of morality, probate courts and the legal theory of undue influence gives us a way to right the wrong and to honor your loved one's wishes.