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By: Scott Grossman on September 15th, 2016

Undue Influence Allegation in California: Was Your Loved One a Victim?

Following the passing of a loved one, you may be shocked by what you find in his or her revocable trust concerning the distribution of property. In most cases, while you may not necessarily agree with the way that property was given away, the decisions were properly made by the deceased and will be honored by the trustee and the probate court. In some instances, however, you may have cause to bring an action against the person you feel is unjustly receiving the trust property, which may include a California undue influence allegation.

The following is a brief list of facts about Undue Influence Allegation:

  • When a person is in a weakened mental state.
  • Where the intent of the person exerting the influence takes the place of the intent of the victim.
  • Victims of medical conditions that impair their state of mind, such as dementia or Alzheimer’s, may be susceptible to undue influence.
  • The trust of the deceased is a reflection of the influencer’s intent than that of the creator
  • You will have to demonstrate facts to prove that the alleged influencer used the weakened mental state of the deceased to his or her advantage.
  • Undue influence in California is generally easier to prove than lack of capacity, which often requires specific medical evidence.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.