Are you concerned about some of the odd bequests in your mother or father’s West Palm Beach will or testamentary trust? That is what happened to one California family when a quarter of the multi-million Dollar estate to the gardener. This may be a case of undue influence. How can you tell if your own parents were subjected to undue influence in West Palm Beach? Learn how here.
Undue Influence
- Undue influence is one thing that you may be able to allege in a West Palm Beach will contest.
- These are used to keep the West Palm Beach Last Will and Testament out of theprobate court because the will is not proper.
- Are you suspicious that there may be some undue influence a foot?
- What are some common examples of situations that do not pass the “smell test” for West Palm Beach probate lawyers?
- For one thing caretakers who are left large inheritances tend to raise a red flag.
- That is not to say that caretakers do not deserve rewards for their service but certainly not the Pompano Beach House!
- Another situation that is similar is when you have one sibling acting as a caretaker, they then take the parent to have an estate plan drawn up.
- Did the sibling disinherit all of the other children?
- Again, this just does not pass the smell test.
- Caretakers and siblings are not the only ones who can exert undue influence.
- Undue influence is basically the Court’s way of saying that this will does not reflect the actual intent of the testator instead it reflects the intent of the person who exerted the influence.
- Check out the facts of this case out of California where the gardener got a quarter of the estate and you decide – was there undue influence?
Gardener Gets the Estate
- A California bank overseeing the trust of a wealthy divorcee is in probate court nowbecause the widow left a large chunk of her 8.5 million dollar estate to her gardener and other non-family members.
- These same people are also going to be allowed to use trust funds to defend the gifts against the woman’s daughter!
- The daughter claims that her Mother was manipulated into giving a quarter of her estate to the gardener.
- The judges disagreed and said there was no basis for her argument!
- What do you think?
- The woman alleges her mother was suffering from dementia when she hired a gardener to help with landscaping in 2004.
- Under that assumption is it possible for her to have had capacity to make the gift?