News & Analysis as of

Undue Influence Claims Caregivers

Warner Norcross + Judd

Undue Influence Claims: Does Assisting an Elderly Person with Their Finances Create a Confidential/Fiduciary Relationship?

In Horton, the Michigan Court of Appeals explores the nuisances of an undue influence claim and when the presumption of undue influence can be triggered. Undue influence is a claim that can void a legal transaction if it is...more

Downey Brand LLP

Alzheimer’s Association Offers Helpful Roadmap on Dementia

Downey Brand LLP on

Dementia casts a long shadow in California trust and estate litigation. Contestants claim that an elder with dementia lacked sufficient mental capacity to make an estate planning change, or that dementia left the elder highly...more

Downey Brand LLP

New California Statutes Change Spousal Undue Influence Presumptions

Downey Brand LLP on

California trust and estate disputes often involve allegations that a surviving spouse took advantage of a deceased spouse so as to get more of the latter’s assets. Often the “spousal financial abuse” charges are leveled by...more

Holland & Knight LLP

New California Legislation for Trust and Estate Attorneys to Watch in 2020

Holland & Knight LLP on

California Gov. Gavin Newsom recently signed into law a number of bills that will affect Trust and Estate attorneys, and which are effective as of Jan. 1, 2020. In addition, three new laws make changes to civil discovery...more

Downey Brand LLP

California Legislature Cracks Down on Caregivers Who Marry Dependent Adults

Downey Brand LLP on

Many California financial elder abuse cases we see involve caregivers. While the vast majority are honest, a caregiver who spends many hours alone with a vulnerable client has a unique opportunity to exploit the situation. A...more

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