It does not help when the senior's own lawyers tear the legal documents to destroy the evidence. I am a witness 4 of my mother's lawyers destroyed her legal documents. Total of 3 wills were destroyed by her lawyers to cause conflict with her care and finances. Because of this my mother died of neglect and elder abuse in her home. Everything is gone including my mother. She was robbed of her respect and dignity. She was robbed of her money. She was starved to death and over medicated. She was left in urine and shit soaked diapers causing her to get an infected sacral bedsore. The ultimate betrayal by her doctor and her own lawyers. They medicate, isolate and steal the estate. This happened in Toronto, Ontario, Canada.
What is interesting is that a 'prong' is missing. I understood that in many states you also had to show that the elder was susceptible or vulnerable to undue influence secondary to either a medical diagnosis like dementia or pschosocial or physical dependence leading to coercion or even pharmacologically induced impairment. It won't matter who has a confidential relationship, who receives the unfair benefit, or who actively participates in the procurment of the document, if the elder is mentally competent, acting consistent with some recently stated wishes, and is fully capable of asserting his independent will during the preparation of the will and for a period of time thereafter. In other words you have to show the elder is in a weakened or compromised mental or emotional state, or none of the rest is presumed to be impactful. A lot of 80 year old men with a cancer diagnosis, a new best friend, and a need to be driven to a family law office by that friend, want to change their will because their prick of a son acted like an entitled spoiled brat and refused to fly down and visit AGAIN. They know damn well what they are doing when they change that will!
Hi Brian! Could you point me to some sources for a project I’m doing? Also does this mean that a lawyer can prove vulnerability to undue influence if physically dependent or pharmacologically like drug use or am I mis interpreting? :( sorry this is all so hard to understand! 😩
@@kitincognito516first I want to be clear that I am not an attorney, have no law degree, but am just the son of one and someone who has worked with the elderly. I am just trying to read statutes and interpret them. Proving a vulnerability to undue influence is not the same as proving that an elder succumbed to one, but proving that vulnerability is an important first step in making a judge or jury see a possible or likely compromise of emotional or intellectual integrety. Physical dependency certainly may be a major factor contributing to either a pschological dependency, or coercive impact, as would some drug effects. Anything that can weaken mental acuity or induce pyschological/emotional frailty can be a contributory factor, and if you can show that a predator intended to exploit or enhance such a state, you have a much better shot this. You are dead in the water if this elder comes across in a deposition or trial as mentally sharp, cognitively alert, and capable of making decisions. Its going to be assumed that even if he wasn't 4 months ago, he knows what he wants right now, and that is to retain the changes made! Adult children who drag their parent through an ordeal like this, start to look like the predator, not the savior. Chances are, they have destroyed any trust that they may have had and ruined this relationship. I know I am not giving my kid a dime, if he tries this tactic and fails. He won't even be welcome in my home or hospital bed!
What if the elder person, in a dire financial situation (i.e. losing their home), promises to make the abuser the Trustee of Trust and Executor of their Will, establishing said Trust in exchange for bailing them out, saving their home. Then, a few years go by and after a 4th stage breast cancer diagnosis, medical bills pile up, bills not covered by any insurance, and the elder discovers the beauty of a reverse mortgage. Only now, their abuser says "No" to that - without any logical reason, and the elder is duty bound and subject to them, as they hold a mortgage over their head.
Isn't the FEAR created when facing the potential loss of one's home a factor in determining the mental state of someone? It seems this inherent vulnerability combined with the damaging effects of fear (ability to think clearly and logically) combine to create the perfect soil for an influencer to sow their seeds.
@@carolfontano172 No. that is just a convenient theory ( convenient for someone with a potential profit motive that her attorney will be exploring at great length indeed ) You have to show that Mrs. Smith was legally incompetent or coerced at the time she changed that will. Your theory is utterly useless without showing that this one specific elder who's been dragged into court, was unable to make a clear uncoerced legal decision when that document was changed. And this old woman is going to be one very hostile witness as you rip at her dignity and independence in this court proceeding.
Mom told me via phone conversation prior to me rescued her. That Denise "Nesie" took me to an Attorney's office and forced me to sign every thing to her and her children." Toney Kelvin and her old boyfriend John Wayne were the witnessed. Nesie had me to put her name on my Checking account inorder to move me into a New house she was was having built. Mom said, on multiple occasions "Helena, promise me, if I ever come into any money, I want you to will Nesie a one dollar bill, that way she can't hold you up in probate court!" "I don't want to see Nesie walking, driving, or flying!" I knew Nesie hated me; but I did not know that she hated me as much as she mistreated me....
In a case where a fraudulent Trust was created through Undue Influence & Lack of Capacity: Let's say the document is determined to be VOID by the court and the valid pre-existing Trust is accepted as the correct one. How do the beneficiaries collect their inheritance? Does the probate judge order the stolen assets to be returned and distributed according to its terms? How does that work?
how about when a girlfriend says she was legally married to the estate owner but you have every reason to believe shes not and its a confidential marriage in california and no ones aloud to get a copy of said l;icense?
How about the abuser filling in an online Will and having his two sisters witness the testator signing it . The testator was 92 with dementia and in ill health who died 32 days later. Of course the abuser made himself the executer and sole beneficiary.
Thanks for this information. You are obviously a very brilliant lawyer/teacher.
You explain things very well.
Excellent advice this is a good and effective technique to flip the burden of proof.
Thanks for making this video.
Well explained Sir .
It does not help when the senior's own lawyers tear the legal documents to destroy the evidence. I am a witness 4 of my mother's lawyers destroyed her legal documents. Total of 3 wills were destroyed by her lawyers to cause conflict with her care and finances. Because of this my mother died of neglect and elder abuse in her home. Everything is gone including my mother. She was robbed of her respect and dignity. She was robbed of her money. She was starved to death and over medicated. She was left in urine and shit soaked diapers causing her to get an infected sacral bedsore. The ultimate betrayal by her doctor and her own lawyers. They medicate, isolate and steal the estate. This happened in Toronto, Ontario, Canada.
Sorry to hear I'm dealing with professional misconduct also
Seems like it can be tough to do and tougher to explain….
What is interesting is that a 'prong' is missing. I understood that in many states you also had to show that the elder was susceptible or vulnerable to undue influence secondary to either a medical diagnosis like dementia or pschosocial or physical dependence leading to coercion or even pharmacologically induced impairment. It won't matter who has a confidential relationship, who receives the unfair benefit, or who actively participates in the procurment of the document, if the elder is mentally competent, acting consistent with some recently stated wishes, and is fully capable of asserting his independent will during the preparation of the will and for a period of time thereafter. In other words you have to show the elder is in a weakened or compromised mental or emotional state, or none of the rest is presumed to be impactful. A lot of 80 year old men with a cancer diagnosis, a new best friend, and a need to be driven to a family law office by that friend, want to change their will because their prick of a son acted like an entitled spoiled brat and refused to fly down and visit AGAIN. They know damn well what they are doing when they change that will!
Hi Brian! Could you point me to some sources for a project I’m doing?
Also does this mean that a lawyer can prove vulnerability to undue influence if physically dependent or pharmacologically like drug use or am I mis interpreting? :( sorry this is all so hard to understand! 😩
@@kitincognito516first I want to be clear that I am not an attorney, have no law degree, but am just the son of one and someone who has worked with the elderly. I am just trying to read statutes and interpret them. Proving a vulnerability to undue influence is not the same as proving that an elder succumbed to one, but proving that vulnerability is an important first step in making a judge or jury see a possible or likely compromise of emotional or intellectual integrety. Physical dependency certainly may be a major factor contributing to either a pschological dependency, or coercive impact, as would some drug effects. Anything that can weaken mental acuity or induce pyschological/emotional frailty can be a contributory factor, and if you can show that a predator intended to exploit or enhance such a state, you have a much better shot this. You are dead in the water if this elder comes across in a deposition or trial as mentally sharp, cognitively alert, and capable of making decisions. Its going to be assumed that even if he wasn't 4 months ago, he knows what he wants right now, and that is to retain the changes made! Adult children who drag their parent through an ordeal like this, start to look like the predator, not the savior. Chances are, they have destroyed any trust that they may have had and ruined this relationship. I know I am not giving my kid a dime, if he tries this tactic and fails. He won't even be welcome in my home or hospital bed!
What if the elder person, in a dire financial situation (i.e. losing their home), promises to make the abuser the Trustee of Trust and Executor of their Will, establishing said Trust in exchange for bailing them out, saving their home. Then, a few years go by and after a 4th stage breast cancer diagnosis, medical bills pile up, bills not covered by any insurance, and the elder discovers the beauty of a reverse mortgage. Only now, their abuser says "No" to that - without any logical reason, and the elder is duty bound and subject to them, as they hold a mortgage over their head.
Isn't the FEAR created when facing the potential loss of one's home a factor in determining the mental state of someone? It seems this inherent vulnerability combined with the damaging effects of fear (ability to think clearly and logically) combine to create the perfect soil for an influencer to sow their seeds.
@@carolfontano172 No. that is just a convenient theory ( convenient for someone with a potential profit motive that her attorney will be exploring at great length indeed ) You have to show that Mrs. Smith was legally incompetent or coerced at the time she changed that will. Your theory is utterly useless without showing that this one specific elder who's been dragged into court, was unable to make a clear uncoerced legal decision when that document was changed. And this old woman is going to be one very hostile witness as you rip at her dignity and independence in this court proceeding.
You broke it down very well. Wish you were in NY.
What if the LO tells her children she’s changing things around ?
How is it unfair if the person who earns the money leaves it one child? That’s their right!
Mom told me via phone conversation prior to me rescued her. That Denise "Nesie" took me to an Attorney's office and forced me to sign every thing to her and her children." Toney Kelvin and her old boyfriend John Wayne were the witnessed. Nesie had me to put her name on my Checking account inorder to move me into a New house she was was having built. Mom said, on multiple occasions "Helena, promise me, if I ever come into any money, I want you to will Nesie a one dollar bill, that way she can't hold you up in probate court!" "I don't want to see Nesie walking, driving, or flying!" I knew Nesie hated me; but I did not know that she hated me as much as she mistreated me....
In a case where a fraudulent Trust was created through Undue Influence & Lack of Capacity: Let's say the document is determined to be VOID by the court and the valid pre-existing Trust is accepted as the correct one. How do the beneficiaries collect their inheritance? Does the probate judge order the stolen assets to be returned and distributed according to its terms? How does that work?
There were more but NOT NOW.
Great
What case law is the 3 step test ??
How about when the undue influencer is a new friend who will get everything in lieu of only surviving child
how about when a girlfriend says she was legally married to the estate owner but you have every reason to believe shes not and its a confidential marriage in california and no ones aloud to get a copy of said l;icense?
Very good
How about the abuser filling in an online Will and having his two sisters witness the testator signing it . The testator was 92 with dementia and in ill health who died 32 days later. Of course the abuser made himself the executer and sole beneficiary.
Why does this sound exactly like my situstion........ what ended up happening?
Hope it helps that I'm leaving a comment.
So, where is Walnut Creek?
Walnut creek is in the Bay Area.
with out a court order!