Following the passing of a loved one, you may be shocked by what you find in his or her San Diego revocable trust with regard to 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 this type of claim:
- Undue influence occurs when a person is in a weakened mental state.
- Undue influence exists 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 more accurate reflection of the influencer’s intent than that of the creator of the trust when undue influence is exerted.
- To prove undue influence, 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 suspect that your loved one may have been the victim of undue influence that negatively impacted his or her trust, it is essential to contact an experienced California trust attorney for guidance. To learn more about the trust and probate litigation process, contact a San Diego trust attorney to discuss your legal options. Call us toll free today at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307