(Editor’s Note: The post below was published on November 21, 2016. California law as to undue influence presumptions between spouses changed on January 1, 2020, due to Assembly Bill 327, discussed in a subsequent post.) When Wife works with her Sacramento estate planning lawyer to favor her Husband over her children from a prior marriage … Continue Reading
The Sacramento County Bar Association’s Probate and Estate Planning Section hosted its first ever “boot camp” program on trust and estate litigation on September 20, 2016. As an alternative to the monthly lunch programs, the Section offered a six-hour seminar at its office at 425 University Avenue in Sacramento. The program drew a full house … Continue Reading
Undue influence is a major theme in trust and estate litigation. But when does advocacy for a change in an estate plan cross the line and become undue? There is no bright line test for undue influence under California law. Almost always, the proof is indirect. While there is no video of Sister pressuring Mom … Continue Reading