Important Undue Influence FAQs For Victims Who Had Their Inheritance Hijacked

A valid will or trust in Iowa must demonstrate that the author acted autonomously during the estate planning and execution stages. Sometimes, however, an individual close to the drafter may have intentionally or inadvertently displaced his/her desire to inherit over the author’s original intent to distribute assets equally among heirs. Such undue influence provides grounds for interested parties to contest …

The Ultimate Guide On How To Persuade Iowa Jurors To Find Undue Influence

Iowa Probate Litigation has blogged extensively about undue influence and how the Iowa courts can set aside a will or trust when it finds another person forced the testator into disinheriting an heir or beneficiary. But understanding how undue influence works is only beneficial if you can apply the theory to prove its existence in court and persuade the fact …

How to Evaluate an Undue Influence Case Like A Pro

Many folks are curious about how estate dispute attorneys test undue influence lawsuits and how they determine whether circumstances are practical enough to bring an action to trial. After litigating and defending hundreds of undue influence claims for more than a decade, the counselors at iowaprobatelitigaton.com have learned that some undue influence claims are just not worth pursuing even when …

Never Be Afraid of Undue Influence Claims Again While Caring For a Relative or Parent

This may sound cynical, but if you benevolently care for an elderly relative’s everyday needs, expect to deal with undue influence claims from interested parties when the elder’s estate enters probate. This is especially true when children offer live-in home care for an incapacitated parent and take over the parent’s financial decision-making responsibilities. The will dispute attorneys at iowaprobatelitigation.com regularly …

What Every Will Challenger Ought to Know About Gathering Evidence To Win Undue Influence Claims

Winning an undue influence lawsuit may seem straightforward, but it’s not easy. Some will challengers spend weeks collecting undue influence evidence only to find out later that insufficient proof exists to win the case. You should know that Iowa courts assume testators understand their estate planning documents before signing them and appreciate how the provisions in such documents will affect …

What is the Standard of Proof for Undue Influence Cases in Iowa?

Most courts find rendering undue influence verdicts uncomfortable simply because when the judiciary sets aside a will, it effectively nullifies the deceased’s estate planning intent. The Iowa Supreme Court nonetheless has confirmed interested parties need not produce “clear and convincing” evidence of undue influence to win their lawsuits—a mere “preponderance of the evidence” is sufficient when proving up the elements in their claims. …

Finding Undue Influence from the Eyes of the Wrongdoers

So what do you do when you’re left out of your mom’s will and your sisters take practically everything? Believe it or not, we get this question quite a lot during probate proceedings and many heirs and beneficiaries prematurely assume—well this is an obvious undue influence claim. The will challenge lawyers at Smith Law in Iowa however recognize that interested …