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Reasons an Estate Plan Could Be Challenged: Part 2 – Undue Influence

Kendall Maddox · Nov 26, 2019 ·

Estate Planning is critical to making sure your wishes are carried out. This series focuses on how an Estate Plan could be challenged. This series will show the importance of doing Estate Planning in the right way. The first article in the series looked at formal requirements. This second article focuses on undue influence.

Undue influence consists of someone taking unfair advantage of another, especially when they hold real or apparent authority over them. An example of this is a caregiver for an elderly person who isolates them from their family and convinces them to leave most or all of their assets to the caregiver. Essentially, the person exerting undue influence takes unfair advantage of another person’s frailty of mind or body to get an unfair advantage over them. Undue influence can come from an outsider, such as the caregiver, or could come from a family member.

Read more: https://www.aaepa.com/2019/11/reasons-an-estate-plan-could-be-challenged-part-2-undue-influence/.

 

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Kendall Maddox
Kendall Maddox
Mr. Kendall Maddox’s law practice is focused in the area of estate planning law and other estate and financial planning related areas. He is the founder of the law firm Kendall Maddox & Associates, Attorneys and Financial Planners. Mr. Maddox is a member of the American, Alabama and Birmingham Bar Associations and the Sections of Real Property, Probate and Trust Law and Taxation Law of the American and Alabama Bar Associations Read More!
Kendall Maddox
Latest posts by Kendall Maddox (see all)
  • Reasons an Estate Plan Could Be Challenged: Part 4 – Lack of Testamentary Capacity - December 10, 2019
  • Reasons an Estate Plan Could Be Challenged: Part 3 – Fraud - December 3, 2019
  • Reasons an Estate Plan Could Be Challenged: Part 2 – Undue Influence - November 26, 2019

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