Bar Exam Toolbox Podcast Episode 226: Listen and Learn -- More Contract Defenses
How Should We Celebrate Elder Law Month?
Undue influence is one of the most common—and challenging—grounds for contesting a will or estate plan in Pennsylvania. It refers to situations where someone exerts excessive pressure or manipulation on a testator (the person...more
A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more
Account changes by a loved one are often done in secret, and direct evidence of undue influence is rarely available. In cases where manipulation has led to changes in a beneficiary designation that have caused you harm, the...more
During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is...more
California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the...more
Last week the California Supreme Court used a conservatorship case to clarify how appellate courts should review the sufficiency of evidence when the trial court applied the clear and convincing evidence standard. In...more