Undue Influence Is A Critical Injustice
Taking advantage of a vulnerable adult is unthinkable. Unfortunately, there are too many situations in which a person manipulates, abuses or deceives someone else. When these actions affect the adult’s property or final wishes, family members can seek justice by proving undue influence.
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. If you suspect that someone took advantage of your loved one, we can help you uncover the truth.
We Know That Results Are Vital
Fortunately, proving undue influence can help you right the wrongs inflicted on your loved one and their family. 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.
Factors That Impact Undue Influence Cases
When California courts hear these kinds of cases, the court considers several factors. 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?
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.
Protect Your Loved One And Their Property
Whether your loved one might have faced undue influence at the hands of a relative, romantic partner, nursing home staff member or financial professional, we can help you. To schedule a meeting with a lawyer at Hinojosa & Forer LLP, contact the firm at 310-893-0309.