Trust & Estate Litigation Attorney in San Mateo, California

Undue Influence

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So undue influence is at the heart of
all of our trust and estate litigation
matters that involve contests. And in
one particularly memorable case, um our
client uh again was the longtime friend
of a deedent who died without leaving
children. And clearly our deedent had
wanted our client uh her friend to
receive a substantial share of her
estate. However, uh again some distant
relatives came forward and said if we
have this trust document thrown out then
we will get everything and and the
friend will get nothing. They alleged
that our client had manipulated and
exerted undue influence over the deedent
and that that was the reason why the
trust amendment should be invalidated.
We again aggressively defended our
client and over the course of about a
year we prepared the matter for trial
and eventually we were able to resolve
the case with the contesting parties
receiving again somewhere less than 10%
of what they were demanding and our
client kept the majority of the assets
and we defeated the undue influence
claims that had been asserted against
our client.

San Mateo, CA estates & probate lawyer Jeffrey Loew explains how undue influence plays a role in his work and cites a powerful case example. He describes that undue influence is central to many trust and estate litigation matters, particularly in cases involving contests. In one notable case, the firm represented a client who had been the longtime friend of a decedent who passed away without children. The decedent had made it clear that this friend was to receive a substantial share of her estate. However, distant relatives contested the arrangement, arguing that if the trust document were invalidated, they would inherit everything while the friend would receive nothing.

The relatives alleged that the client had manipulated the decedent and exerted undue influence to secure the trust amendment in her favor. The firm mounted an aggressive defense, preparing the case for trial over the course of a year. Ultimately, the matter was resolved with the contesting relatives receiving less than 10% of what they had demanded, while the client retained the majority of the estate. The undue influence claims were successfully defeated.

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