Welcome back. We are here today to talk more about estate planning in Cary NC and how undue influence can be proven.
Proving Undue Influence | Estate Planning in Cary NC
If someone contests a will, he or she must prove that it was written under someone else’s undue influence and that the testator did not knowingly outline their wishes as they currently stand. In order to do so, he or she must show the following:
- The assets were left in a way that makes no sense or leaves out key people who were likely to be included. For Aunt Sue, this could mean that she left everything to her niece even though she had other nieces and nephews who were present in her life.
- The testator relied on the person who is thought to have exerted undue influence. This can be a family member, a close friend or a caregiver. In Aunt Sue’s case, it was a niece who cared for her because she had no children or her own. The niece may have even moved into Sue’s home in order to take care of her, but also talked her into leaving the home to her even though Sue may have wanted to have it sold and the funds donated among her other nieces and nephews.
- The testator was more susceptible to influence than most. Aunt Sue may have started showing signs of old age and could have spells where she is not completely aware of her surroundings. This can play a big part in proving that she did succumb to influence from someone trying to take advantage of her.
Be sure to visit back soon for more information about undue influence in estate planning in Cary NC. If you have questions, contact our office.
Eldreth Law Firm | Estate Planning in Cary NC
Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.
As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and DWI issues.
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