Estate and Elder Law

Recent Posts

Checklists: a. Indicators of Elder Abuse, Undue Influence and Incapacity; b. Courses of Action When Elder Abuse Is Identified
Posted on 18 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

CHECKLIST A: Possible Indicators of Incapacity, Undue Influence and Elder Abuse □ Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the client's bounty □ Gifts to anyone that are so large... Read More

The Trials of Vickie Lynn Marshall
Posted on 30 Apr 2010 by Wendy M. Greenberg

On March 19, 2010, the United States Court of Appeals for the Ninth Circuit dealt a serious blow to the estate of Anna Nicole Smith (actual name: Vickie Lynn Marshall). Unfortunately for spectators, the meat of this latest ruling in the now deceased... Read More

Testamentary Capacity and Undue Influence in Will Contests
Posted on 1 Feb 2012 by Oast & Hook

By Stephen Taylor The two most common legal theories used in will contests are lack of testamentary capacity and undue influence. While the basic principles of these two theories have long been established in Virginia, a recent decision handed... Read More

Undue Influence in California
Posted on 23 Feb 2012 by Dave Tate

By David W. Tate Here is a link to a blog discussing aspects of will or trust undue influence in California, Click Here . Undue influence is most often established by circumstantial evidence, and can be difficult to prove. The basic claim is that the... Read More

Objections to Probate: Undue Influence and Duress
Posted on 2 Jan 2012 by Peter K. Kelly

Undue influence occurs when a wrongdoer exerts influence over a testator sufficient to overcome the testator's free will and cause the testator to make a bequest that would not otherwise have been made. Matter of Walther , 6 N.Y.2d 49, 188 N.Y... Read More

The Trials of Vickie Lynn Marshall
Posted on 30 Apr 2010 by Wendy M. Greenberg

On March 19, 2010, the United States Court of Appeals for the Ninth Circuit dealt a serious blow to the estate of Anna Nicole Smith (actual name: Vickie Lynn Marshall). Unfortunately for spectators, the meat of this latest ruling in the now deceased Mrs... Read More

Deirdre Wheatley-Liss: 4 Good (?) Reasons to Contest a Will
Posted on 21 Mar 2013 by Deirdre R. Wheatley-Liss

Maybe it's the season, but I have gotten a lot of calls recently about will contests. A will contest usually happens when your heirs are surprised by what your will says, or by what you have left when you go to the great beyond. I have represented... Read More

PA Court Rejects Undue Influence/Collateral Benefits Argument; Upholds Will Leaving Property to Executor’s Son
Posted on 24 Jun 2011 by LexisNexis Estate and Elder Law Community Staff

Decedent began living with his second cousin, Howard Bosley (Howard). Howard's son, David Bosley (David), lived in an adjacent home on the same property. Decedent died, leaving a will dated December 19, 2003. In his will, decedent gave to David... Read More

Checklists: a. Indicators of Elder Abuse, Undue Influence and Incapacity; b. Courses of Action When Elder Abuse Is Identified
Posted on 18 Aug 2010 by LexisNexis Estate and Elder Law Community Staff

CHECKLIST A: Possible Indicators of Incapacity, Undue Influence and Elder Abuse □ Gifts to persons (caregivers, service providers, friends) who are not the natural objects of the client's bounty □ Gifts to anyone that are so large, given the... Read More

A GUIDING HAND: Assisting An Ailing Testator With Signing Their Will
Posted on 4 Mar 2010 by Jennifer Hillman

The heirs of Melvin Simon, the billionaire shopping mall magnate, are embroiled in a bitter estate struggle contesting a will signed by Mr. Simon seven months before his death. Simon's eldest daughter claims there was undue influence because Simon's... Read More

Undue Influence and Wills
Posted on 1 Apr 2011 by Sandra L. Smith

The Supreme Court of Georgia recently decided a case in which it found that a will was product of undue influence and fraud, and that the testator lacked testamentary capacity. In McDaniel v. McDaniel (S10A1497, March 7, 2011), the testator, Mr. McDaniel... Read More