In California estate and trust litigation, attorneys often face a choice and must carefully evaluate whether to assert undue influence, lack of capacity, or both, depending on the facts and available ...

When a petitioner offers a will for probate, and the propounded instrument’s validity is contested, objectants oftentimes raise undue influence as an objection to the admission of the will to probate.

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 ...

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Archived versions of WealthManagement.com webinars are available on demand 24 hours after broadcast. Individuals with estates both large and small can be susceptible to undue influence, which is ...

they are unaware of what the law requires to prove a manipulated will. She explained that deliberate closeness of a ...

It is a classic concept in New York law that one who wrongfully takes the life of another is not allowed to profit from his wrong and inherit from his victim's estate. 1 However, violence and the ...

Petitioner brought a contested probate proceeding where the objectants, the decedent's niece and nephew, challenged the validity of the will. They filed written objections asserting lack of ...