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 hand was guided by a financial planner as...
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. Marshall's various legal
Possible Indicators of Incapacity, Undue Influence and
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 size and nature of the client's estate, as...
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, was married to his wife, Mrs. McDaniel, for...
began living with his second cousin, Howard Bosley (Howard). Howard's son,
David Bosley (David), lived in an adjacent home on the same property.
died, leaving a will dated December 19, 2003. In his will, decedent gave to
David two parcels of real estate and to his brother, Kenneth...
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.S.2d 168, 159 N.E.2d 665 (1959) [ enhanced version...
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 down by the Supreme Court of Virginia illustrates...
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 person would not have voluntarily acted as he or...
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 both heirs and estates, and in all cases there are...