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Fiduciary Undue Influence Claims

Warner Norcross + Judd

What Type of Facts Support a “Confidential or Fiduciary Relationship” Determination to Trigger the Presumption of Undue Influence?

Two recent Michigan Court of Appeals cases delve into what it takes to successfully pursue an undue influence claim. In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more

Warner Norcross + Judd

When Must a Fiduciary Relationship Exist to Establish Presumption of Undue Influence?

Warner Norcross + Judd on

Undue influence occurs when an influencer uses improper influence (e.g., coercion, mind-poisoning, manipulation, threats) to cause the victim to execute a document that they would not have done, but for the undue influence....more

Downey Brand LLP

ChatGPT Blog Post on Undue Influence Gets a D

Downey Brand LLP on

As the New York Times reported in December, “ChatGPT is, quite simply, the best artificial intelligence chatbot ever released to the general public.” Built by OpenAI, a San Francisco-based company, ChatGPT has grabbed...more

Robins Kaplan LLP

[Webinar] Representations of Wealth Planning and Conflict in Film and Literature: What Can We Learn from Such Depictions? -...

Robins Kaplan LLP on

Producers, writers, and reporters have long been fascinated with high-stakes wealth, estate and trusts, and shareholder disputes. Whether tragic or comic, the drama between clients, families, business partners, as well as the...more

Winstead PC

The Use of Arbitration, Forum Selection, And Jury-Waiver Clauses in Trust and Estate Litigation In Texas - Presentation

Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more

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