Factors In Undue Influence Cases

A judge can decide to invalidate a will or trust following evidence of undue influence satisfactory to the court. When someone benefits after pressuring the deceased person to make certain provisions in a will or trust, a court could determine those provisions were a product of undue influence.

When California courts hear these kinds of cases, the court considers several factors. An unequal distribution of assets and property among relatives is not enough to prove undue influence.

Instead, some of the first factors considered are: How vulnerable was the decedent? Was the decedent diagnosed with Alzheimer's disease or dementia prior to or shortly after making certain decisions concerning their estate plan? Did the party who benefited in the estate plan participate in the drafting of the documents? Was pressure brought to bear on the act of making or changing an estate plan? Was there an undue benefit? Did the party isolate the decedent?

These cases can be extremely difficult, which is why the experienced attorneys at Hinojosa & Forer LLP will be invaluable to your case. Our firm is one of the oldest boutique firms practicing in this area of the law in Los Angeles.

When your family is facing a will contest or trust contest based on allegations of undue influence or lack of capacity, we have highly skilled and experienced attorneys to guide you through the process toward closure and resolution.

To schedule a meeting with a lawyer at Hinojosa & Forer LLP, contact the firm at 310-893-0309.