During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question ...
A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones ...
Last week I told you about one of the issues that often shows up in will contest cases — the need for the maker of a will to be of “sound mind.” This basically means a person making a will must, at ...
A long-time client, Mr. Lee, stops in without an appointment to discuss an “important” financial opportunity he recently heard about. Mr. Lee is 80-years old and a widower. You’ve been his broker for ...
The potential for undue influence has become increasingly significant in this era of digital interconnectivity. Undue influence can distort our perceptions, manipulate our decisions, and sometimes ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Another issue regularly showing up in will contest cases is “undue influence,” also a squishy legal concept. Undue influence is defined as “words or conduct, or both, which, at the time of the making ...
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