Orange County California
Trust Attorneys

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This is your estate plan. The choices that you make about how your property should be allocated are yours to make. Nobody else has the right to make these decisions for you. As you age or your circumstances change, you may need to modify your estate plan. That is your right, as long as you are the one who is deciding on what changes to make.

Donโ€™t Be a Victim of Undue Influence

If you are pressured by someone to modify your estate plan, then both you and your lawyer should consider whether you are feeling the pressures of undue influence.

The California Courts encourage you to think about:

  • Whether the person who is trying to influence you holds power or authority over you and is trying to obtain an unfair advantage for himself. For example, your dependency and relationship with the person who is trying to get you to change your estate plan may be at issue and the specific modifications sought by the other person may be an issue.
  • Whether your mental functioning makes you susceptible to undue influence by others.
  • Whether you were threatened or mistreated.
  • How, when, and where the person is asking you to make changes. Is it happening at an unusual time? Is there pressure to make changes immediately, and in the absence of an attorney? Is there insistence that the modifications be kept secret?
  • Whether the modifications cut out people or charities that you would naturally want to benefit from your estate.

Undue influence is a serious legal matter and is one that could undermine the intent of your estate plan. If you are being pressured to change your estate plan then please call us today to schedule a confidential meeting.

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Due to the CoVid19 virus California has issued a Stay-at-Home order. We understand how important the health and safety of our clients, and our staff is. We are complying with this order by continuing to work from our homes. While we are not in the office, we are still here to answer your questions, conducting consultations for review, and initial appointments by phone and email during normal business hours. We know that in this time, more than ever, it is important to have peace of mind about your estate planning. We are here to help you through this. Call our office number or email us and we will respond as quickly as possible.