Are you a Victim of Undue Influence? Undue Influence Defined.

Key Terms: 

Undue Influence (noun):

Refers to outside pressures which deny the free will of the Will maker. Undue influence may isolate the weaker person, promote dependency, or induce fear and distrust of others, among other manipulations. If proven in a Will Contest, can void the Will in question.

Probate (noun):

The process of proving in court that the will of a person who has died is valid.You must prove that the last will and testament of a deceased person is genuine to a competent judicial authority.Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.

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:

  • First of all, contact an experienced San Diego probate attorney for assistance.
  • Furthermore, 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.

In conclusion, if you suspect undue influence, it is essential that you have an experienced California probate lawyer in your corner. Since will contest claims may be subject to a statute of limitations, it is important that you act quickly. To learn more and schedule a consultation, contact an experienced San Diego probate lawyer at our toll free number: (888) 443-6590.

 
Scott Grossman

Scott Grossman

Attorney

The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307
 

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