Avoiding undue influence claims
Abstract: A primary purpose of estate planning is to ensure that wealth is distributed according to one’s wishes after death. But if a family member challenges the plan, that purpose may be defeated. If the challenge is successful, a judge will decide who’ll inherit the property. These situations often occur when an estate plan operates in an unexpected way — and those who expected to inherit that wealth challenge the plan, often on grounds of undue influence. But this article examines steps that one may take to avoid such challenges.