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Sep 26, 2017 · To construct a winning undue influence case, seek the advice of a reputable neuropsychology forensic expert as you consult a law firm and build your support counsel. California Undue Influence Statute. The impact of undue influence often extends beyond the monetary loss.
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May 8, 2024 · “Undue influence” means excessive persuasion that overcomes another person’ s free will and causes the person to do something or to not do something that causes an unfair r esult.
The Supreme Court reversed, holding that claims that trust provisions or amendments are the product of incompetence, undue influence, or fraud should be decided by the probate court if the invalidity of those provisions or amendments would render the challenger a beneficiary of the trust. Read more. Opinion Annotation.
Knowledge of this law was imputed to husband as a real estate broker, and he failed to meet his obligation to explain it to wife. The trial court found wife’s testimony concerning the quitclaim deed was more credible and the presumption of undue influence had not been rebutted.
The California Legislature felt the need to provide a clear definition of undue influence in California probate courts. Increasingly, court officials and attorneys depend on neuropsychologists like Dr. Stacey Wood to help make assessments, testify in court, and assist in investigations.
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Jul 20, 2011 · There are two primary ways to prove undue influence under California law—by either (i) shifting the burden of proof to John, in the example above, so he then has to prove an absence of undue influence, or (ii) by Jerry or Jack proving directly that John exercised undue influence over their mother.
Apr 28, 2017 · Proving undue influence in California court proceedings is based on four key elements: vulnerability, authority, actions and tactics, and unfair outcomes.
