Are you a Victim of Undue Influence?
What do I do if my parent had a previously executed California Will, but I think someone changed it?
If your parent had previously executed a will, and you believe that it has since been changed, it is possible that he or she was the victim of undue influence. You may be able to contest the will in the probate court and have it rendered invalid. Undue influence in California can be proved by demonstrating a variety of factors. The following is a list of steps to take if you suspect your parent is the victim of undue influence:
- Gather your parent’s medical records, especially those pertaining to his or her mental health.
- Additionally, assemble copies of any previously executed estate documents, including wills, trusts, and Powers of Attorney.
- Document the details of the relationship between your parent and the influencer. Document the amount of time spent together, your parent’s dependency on that person, age difference, and length of the relationship.
- Lastly, after consulting with your attorney, consider beginning a California will contest action.
If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.