Tag Archives: Undue Influence

Raise It or Waive It?: The Virginia Supreme Court Weighs in on When Parties in Estate Litigation Must Raise (or Waive) Testamentary Capacity/Undue Influence Claims

Imagine your aging, widowed mother (“Mother”) has dementia and moves into assisted living.  You live about four hours away from Mother.  Your sibling (“Sibling”) lives about five (5) minutes away from Mother.  Sibling becomes increasingly involved in Mother’s affairs.  One day Sibling provides you with a copy of Mother’s recently changed will.  The new will leaves everything to Sibling.  Given Mother’s dementia, you are highly concerned because you don’t think Mother had the capacity to make the new will.  You ask Sibling about the new will.  Sibling says “It’s what Mother wants.” Later, Sibling files a lawsuit seeking to be …

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Posted in Court Opinions, Disinheriting Family Members, Elder Law Disputes, General, Guardianship/Conservatorship Proceedings, Legal Terminology, New Laws, Power of Attorney Disputes, Undue Influence, Will Disputes \ Comments Off on Raise It or Waive It?: The Virginia Supreme Court Weighs in on When Parties in Estate Litigation Must Raise (or Waive) Testamentary Capacity/Undue Influence Claims

Undue Influence in Virginia: Does the Undue Influencer Have to Be a Beneficiary?

Without question, one of the most common estate disputes we see centers around allegations that one person unduly influenced another person to write (or re-write) a will or trust.  The typical situation involves an elderly person, no longer capable of living independently, who becomes increasingly reliant on another person for care and assistance. Under Virginia law, undue influence occurs when a testator’s free will is destroyed due to the influencer’s close relationship with the testator.  This theory is one of the most common methods used to attack a will or trust.  There are different ways to prove undue influence.  Undue …

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Posted in Court Opinions, Disinheriting Family Members, Elder Law Disputes, Fiduciary Accounting Requirements, General, Legal Terminology, New Laws, Preventing Disputes, Trust Disputes \ Comments Off on Undue Influence in Virginia: Does the Undue Influencer Have to Be a Beneficiary?

Confronting Caretaker Abuse & Misconduct

While most caretakers for sick and elderly people are honest, occasionally families and friends are forced to deal with a dishonest caretaker who steals a person’s money; pressures him to change a will, trust, or power of attorney; pressures him to sign a deed; isolates him from family members, etc. A recent article highlights this unfortunate fact: A Newport News [Virginia] woman will serve a fraction of a 30-year prison sentence for stealing $30,000 from a woman she cared for. Michele Lee Conley, 43, received three-year prison sentences for 10 counts of forgery and uttering after she tricked a 92-year-old …

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Posted in Elder Abuse, Fiduciary Duties, Undue Influence \ Comments Off on Confronting Caretaker Abuse & Misconduct

Waiting for Atticus Finch

Harper Lee Allegations Show the Importance of Proper Actions by an Agent Under a Power of Attorney The media and publishing world has been abuzz the past few weeks with news that Harper Lee – the author of the famed novel To Kill A Mockingbird – plans to publish her first novel in over 55 years. Described as a sequel, the new novel Go Set a Watchman is set to be released this coming summer. Recently, several media outlets have published reports from acquaintances of the 88-year old Ms. Lee implying that publication of the new novel is contrary to Ms. …

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Posted in Celebrity Estate Disputes, Elder Law Disputes, Fiduciary Duties, Power of Attorney Disputes \ Comments Off on Waiting for Atticus Finch