Writing a will or setting up a trust in California can be difficult and time-consuming. If a spouse passes before estate planning is complete, it can also be heartbreaking. At The Law Office of Matthew C. Yu, we have experience helping clients whose senior family members are the victims of undue influence.
According to Caring Home, when the surviving parent asks for assistance from their adult children, it can open the door to unwanted legal issues, especially if there is diminished mental capacity. If one child is asserting more influence over the estate decisions than others due to the parent’s susceptibility for financial gain, this could be undue influence. Additional evidence that this is the case includes the following:
- Disinheriting close family members or other children.
- Sudden cash advances to this child
- Gradual changes, all in favor of this child, starting with power of attorney
- Significant changes to an existing estate plan
- Multiple changes in a short span of time
In a loving, legitimate relationship between parent and adult child, it is not unusual for a child to be an asset during the creation of an estate plan. If there are several siblings, the input of each may be sought out. To prove undue influence, there must be documented proof of conniving and evidence of deceit used to cheat the parent and other loved one out of assets and property.
Courts are hesitant to change an estate plan once the parent has passed away, so if you believe this is the case, significant proof is needed. Visit our webpage for more information about this topic.