California Trust Undue Influence Attorney

Invalidating a Will or Trust Because of Undue Influence

The courts can declare the will or trust invalid if evidence shows undue influence was used. You can work with an undue influence lawyer to find proof or argue the case on your behalf. Also, one will be required to prove that the accused used their position to pressure the deceased to leave them more assets.

You have higher chances of winning an undue influence case (of trusts and wills) if:

• You have evidence of a secret relationship between the benefactor and the perpetrator
• The perpetrator knew about the wills or took part in its creation
• The suspicious will or trust leaves a majority of the assets to the perpetrator

In addition, the California Probate Code says that Undue Influence is being more persuasive to the extent of causing someone else to act or desist from acting by overcoming that person’s free will, resulting in fairness.

If you have an undue influence on will case, your attorney can help solidify your case with the following elements:

• Prove the victim had a vulnerability
• Showcase the level of power the culprit had over the victim
• Prove the use of manipulative tactics
• Show that their action led you to suffer economic inequity

However, the courts won’t allow you to contest a will or trust because you were dissatisfied with the distribution plan. To get the will or trust invalidated, you must provide compelling evidence. An experienced trust and wills litigation lawyer with experience can help. It is crucial to work with someone who has challenged wills and trusts and got them invalidated. They need to have experience in probate court litigation.

Steps to Contesting Undue Influence Will or Trust

Most of the steps in contesting a will or trust can be done by an experienced lawyer. Don’t let the litigation process overwhelm you. If you ask for professional help, our attorney can present your case to the courts in the best light. Beware that these litigations have a deadline. Don’t let the window close.

The following are the critical steps to disputing a will due to undue influence.

Be clear on why you are doing this.

Are you contesting the will or trust you were left because you are dissatisfied with what you received? Is it envy, or do you believe there was foul play during the process or creating the will? Before bringing forward your case, answer these questions. The correct answers can help to give you direction so that you and your lawyer can get to the bottom of the matter and find out what happened.

You likely have a substantial case if your motives are fact-based and not emotions-driven. But the courts won’t favor you if your intentions for the lawsuit are primarily driven by bad blood between you and the accused.

Establish interest in the matter.An outsider, not a family member, may not have the standing to join will or trust undue influence disputes. But your case will be stronger if you have a legitimate reason for the litigation and have the standing as a direct beneficiary or any other person of interest.

Standing means you have interest or money stakes in the case’s outcome. When the petition is filed, the judge and jury want to see how the perpetrator’s actions affected your share of the inheritance.

In undue influence cases involving trusts and wills, the persons of interest or people with standing are generally heirs and beneficiaries. But sometimes, trustees, creditors, or will executors may also be involved in these litigations and as plaintiffs.

Find out who can join your litigation.

Talk with your co-beneficiaries and co-heirs. Find out if any of them are suspicious of undue influence and if they would like to join your case.

You are unlikely the only one affected by undue influence, will, or trust. If this misconduct genuinely created the will or trust, having other beneficiaries or joining your contest will strengthen your case.

It would be wise to let them know that if you win the contest and they don’t participate, they can lose their negotiating advantage and go home with less inheritance. Before deciding not to join in trust or will contests, bystander beneficiaries should discuss the different outcomes scenarios with a lawyer.

Gather evidence

The next step when disputing a will is evidence gathering. Speak with a lawyer if you have insufficient experience working with wills or trusts. The lawyers can help to gather the correct type of evidence that will guarantee victory in the end.

Before you call your attorney, check for a copy of the will and trust documents. Any evidence, such as communication records, can help jumpstart your case on a powerful notch. At this stage, if you have the original version of the deceased’s will, that’s even better. It will be easier to prove that the choice was altered. Or maybe you have been in touch with someone who saw the original will and is willing to testify that the current will is not authentic. That can also help strengthen your case.

The decedent’s care history and medical records may also prove helpful when demonstrating the decedent’s incapacity at the time of the creation of the will.

Interpreting Wills and Trusts Before Agreeing or Disputing Them

It’s essential to protect your rights. Find a lawyer to help you review a will or trust before agreeing to its terms. The lawyer may help determine if there are suspicious instances of undue influence and whether it may be easy to contest the document. Yes, sometimes wills and trusts come with a no-contest clause, making it virtually impossible to litigate such matters.

Drafting Petition

The next step is creating the petition. A probate lawyer can help you draft a petition that details why your will or trust must be voided. They should file the petition at your county probate court. The legal professional must use background information and testimony or evidence to support the case.

Consider a mediation if the other parties are willing to settle matters out of court. Your lawyer can help you resolve the inheritance dispute without going to trial. But if you go to trial, will and trust contest litigation can last many months and years. When a solution is reached, the litigation might have taken time and resources. So, if mediation is possible, we advise you to take this path.

It’s Not Hard to Dispute a Will/Trust

The chances of winning the contest are high, provided you have reasonable cause and sufficient evidence. The speed and ease of winning such cases will depend on the specific circumstances of your case. Before starting the litigation, your lawyer will help you consider the nature of the new will or trust, the evidence available, and the relationship between the influencer and the decedent.

What Happens If You Win Will or Trust Dispute Case?

If you win, the courts will invalidate the will or trust. Consequently, the decedent’s assets may be distributed per an original will if available. If no alternative authentic will or trust is available, the courts may distribute the assets per the state’s intestate laws. If you lose the contest, the assets will be distributed by the terms of the will or trust document.

Call Us Today

We know that undue influence can put heavy burdens on loved ones. If a corrupted will or trust is not invalidated, it can lead to lasting repercussions forlasting repercussions for beneficiaries and heirs. Because each case is unique and challenges about undue influence are based on individual facts, we will handle your case with a personalized approach. We will review all the merits and demerits of your case before proceeding.

Through the years, we have mastered demonstrating crucial case elements of undue influence. If you strongly believe pressure or coercion happened at the time of the creation of the will or trust, contact us. We will fight for you.