Three Tests

Three Tests Prove Undue Influence:

If you have long been publicly recognized as a legitimate heir, find yourself inexplicably cut off and disinherited for no verifiable, valid reason and ALL three of these apply:

  • You are vilified, criticized, condemned and your character assassinated without cause;
  • Communications with your loved ones and people close to them are inexplicably severed;
  • Greedy, selfish people with regular access to your loved ones and who have influence with them become primary beneficiaries of their will or administrators of their trusts. These same people also become Executors, Administrators or Trustees of estate assets. See Avoiding Impartial Outsiders Above.

Then malicious, undue influence has been exerted. You and your loved ones are a target of estate fraud.

These three tests are provided to help heirs pursue and prove undue influence. They come from our observations and experience and may not be applicable to your specific situation.

Under this definition, Bill Gates’ public statements that he wishes the majority of his wealth to pass to his charitable foundations would be protected from charges of undue influence.

So would your dear Aunt Marcy’s decision to leave her entire estate to Robert Redford because she always loved his movies despite the fact that she has never actually met him. Sound body and mind concerns are a different issue.

Please note we are not attorneys and we are not providing you with legal advice.

Advertisements

7 Responses to “Three Tests”

  1. Susan Says:

    Your information on undue influence needs some clarification. I have read if a person is the main caregiver, and the testator was dependent on them on a regular basis for healthcare , meals etc. then this would easily constitute a potentail position of undue influence. If the will is drawn up when he has had an accident is in hospital and is under medication and she arranges for and is present in the drafting of the will and is the major beneficiary. If you add that she keeps the adult children from visiting, never allows him to have a private telephone conversation with his children then she is really setting up the opportunity for the big scam. If you add that the second wife gets an enduring power of attorney on the day the frail husband is released from hospital and then proceeds to open up a joint investment account and signs all of his stocks into this account then I would agree that she is in a position of undue influence. In his will he leaves her all the residue of his estate, all bank accounts are in joint names , she receives 250-300,000 in bank accounts GIC s etc the only exception are his stocks which are to be set into a testementary trust. The will says all stocks in my name at the time of my death shall be kept invested by my son the trustee for the benefit of my daughter. However adult children have no recourse since she has been married to him for 26 years and had a perfect marriage. We needed a really aggressive lawyer , which we did not have , he made money no matter what he did and we were lucky we recieved about a third of the stock assets. we would have been much happier if we had recieved 50% but she had a brother who was a sharp operator and had lots of experience in the way to make money off of other people. Brother had been convicted of fraud and forgery many years before in a goverment sting operation . He became her representative as she was declared incompetant. she was now under his influence. We were really naive of the legal system and how lawyers just keep taking in their hourly rate and no court date ever gets set and then they keep receiving the income coming in off the stocks , even though the judge said the stocks were to be frozen . This meant they or brother could litigate forever , a point that really didn’t bother the lawyers. When we did get a settlement and then the stocks went sky high brother didnt want to keep to the agreement, that really cost us and we went to court to have the judge order it. Well we were happy about that to get it over with. The judge missed a few points , he probably had no understanding of stocks and taxes etc. Then our lawyer wants to appeal some of the details as we didn’t get all we agreed to. We had a few moments of mental lapse and agreed to appeal ,even thogh we were happy to have it over and done with . It did not take us too long to realize we could be back in court again to have this whole thing reheard , again a sitution of our lawyer stretching us out and the money flowing in his direction . We cancelled all further proceedings. This took three years and cost about 100,000 in legal fees.

  2. Mysty Says:

    I recently learned that my father died. My sister and her husband even live in the same town that I do. My father had been living with them I believe since he had so many medical problems and suffered from dementia.

    This is all so over the top, I can not believe it. My father died and was burried and my brother and myself were never even notified.

    I went to my moms gravesite and found that the tombstone was changed.
    It used to say…”Beloved children and grandchildren” Now it says “Beloved parents and grandparents” I guess she had to change the part about children, because since she is now the only child that is loved, it would need to say “Beloved child”

    It all began 1 1/2 yrs ago after my mom died. My sister took over caring for my father. In no time at all, our father never wanted to see my brother and I anymore. We even had restraining orders served on us that made false statements about how we were trying to steal his home and money.

    I guess I need to find humor in this just to keep my sanity.

    You’re traveling through another dimension — a dimension not only of sight and sound but of mind. A journey into a wondrous land whose boundaries are that of imagination. That’s a signpost up ahead: your next stop: the Twilight Zone! …and one day you wake up only to discover your family never existed.

  3. annejunjek Says:

    I thank you for this opportunity to say that I have also fallen prey…..and my mother is still alive,and I see that your suggestions about going to see her,living a good life,presenting myself in a good light…..they are all valid,but I am scared out of my mind…..is this part of it…….that the heir is rendered by fear of any more ability to take protective action?Where is the lawyer’s responsibilty to the family in this?There is so much to comprehend,and yet the intelligence of people seems less than it should be,unless we all are too scared to BLOW THESE PREDATORS out of the world……..Maybe I do have to make an example of myself,and risk my own demise to save my life?Too show that I am a victim of incredible emotional terrorism,mental cruelty,etc.etc.and my mother is powerless to help me?

  4. Disowned Says:

    Misty…

    Same thing happened to me and my sister… this must be happening way too often over and over…. seems that the legal and law enforcement people are not too helpful or tell you it costs a fortune and a lot of hassle to attempt with no guarantees… No crime like family crime… people die, money is stolen, lives broken and there is no help or anything you can do because it is all so very legally done…. what a nightmare that needs to be reformed or replaced with a whole different set of protections for family members!!

  5. Dahman Says:

    Hi.
    Very good post.

  6. Marriott Says:

    Congratulations, I think you have invested some time and nerves in it and thanks! even now I will return on this blog. 🙂
    I stick to see some movies now luck.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: