Countering Undue Influence | Estate Litigation

Countering Undue Influence | Estate Litigation

• December 2, 2016 - Elder Financial Abuse, Estate Litigation,

One all-too-common occurrence in estate, probate and trust litigation disputes is the exercise of undue influence by an interested party upon an elder. In cases like these, the estate and assets of the elder might seem “up for grabs” to an unscrupulous child, grandchild, or another third party.

Elder financial abuse reveals itself through specific patterns and behaviors, and we can usually track a wrongdoer’s steps toward gaining control of an estate. They’ll employ all sorts of tricks and techniques to get their way: frequent visits, blandishments, and gifts (emotional manipulation) as well as isolation, outright intimidation, and even physical abuse. Through these methods, undue influencers can maneuver themselves into legal position for inheriting the elder’s funds and property once they’ve passed away.

New documents, signed by the elder under suspicious circumstances, will appear to validate the wrongdoer’s claims on the estate. The other children and grandchildren of the elder, meanwhile, are left wondering what action to take after learning that the figurative rug’s been pulled out from under them.

Fortunately, there are legal remedies available to victims of such bad-faith schemes. The tools to accomplish these remedies, depending on the particular circumstances of a case, can be comprised of a mix of conservatorship, probate and civil actions. Hackard Law can pursue complex cases with action pending in multiple counties over the varied issues of a large estate. While multi-jurisdiction efforts might not be the norm, reversing the actions of a wrongdoer almost always requires a prompt and concentrated effort – we don’t advise our clients to sit on their rights.

Remember, you shouldn’t feel helpless when you’ve suddenly been shut out of your elder loved one’s estate. With deep experience in estate and probate litigation and a record of legal excellence, Hackard Law protects clients while working to expose and overturn bad-faith estate claims that are the result of undue influence. Don’t let lies and manipulation be rewarded – protect your loved one’s estate and your rights. Call us at 916-313-3030.