Undue Influence

Growing old is something that we can’t avoid. And when we reach a certain age caring for ourselves may become difficult. When this occurs, like Blanche DuBois, we will have to rely on the kindness of strangers or family. But sometimes, the family might not have your best interests in mind.

When a sick, dying, or elderly person, or a person dependent on others, makes material changes in an estate plan or gives property away, someone benefits. And someone loses what he or she likely would have received. Even when experienced lawyers document changes, all too often, the question is asked: did the change result from any “undue influence?” The influence can be demanding pressure or more subtle pressure.

When the person who benefits from the change also is close and active in the planning, he or she may be called upon to bear the burden of proving facts to defend the change. To prove undue influence or the lack of it most often means building the most persuasive case pieced from circumstantial evidence, medical records, notes, email, and witness’ recollection. And proving your case by circumstantial evidence is what the experts at the Boesch Law Group can do.

When BLG was hired to help protect a family’s estate, they discovered that not only was a member of the family making the changes, but that person had also had changed their mother’s medication to make her confused. At trial, BLG was able to get the estate protected and recover the title to the mother’s home and business.

The Boesch Law Group has defended and prosecuted undue influence claims involving some of the most complex relationships and sizable estates in the State of California.

When there is undue influence on a loved one, we bring more than just kindness.

BLG.
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