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Protecting Your Legacy

Probate litigation may result from concerns of undue influence

by | Jan 9, 2018 | Probate Litigation |

Fearing that someone has taken advantage of a loved one can cause many Texas residents to wonder about their best courses of action. In the event that the loved one has passed away and there are concerns regarding estate plans, some individuals may feel the need to move forward with probate litigation. This step could help them to question whether their loved one’s wishes were truly carried out.

Texas residents may be interested in such a situation currently underway in another state. Reports indicated that the nieces and nephews of a deceased individual believe that their uncle’s financial adviser took advantage of him. The man had sought financial advise in order to make a conservative investment, and he went on to name his adviser as power of attorney agent and beneficiary of his annuities and estate.

The family believe that the adviser coerced the man into naming her as executor and beneficiary, taking advantage of his dementia and other vulnerabilities. As a result legal action has been taken against the woman from both the family and state insurance regulators. The woman claims that she tried to persuade the man not to name her as beneficiary but that he insisted.

When individuals develop dementia or other forms of mental deterioration occur, they can easily become vulnerable to unseemly acts from others. If Texas residents believe that their loved ones were subjected to undue influence in the course of their estate planning, they may wish to find out more information on how they could potentially address their concerns. Probate litigation may provide the opportunity to have issues heard and corrected as necessary.

Source: jsonline.com, “Who gets $1.6 million inheritance — relatives of a virtual hermit or his financial adviser?“, Cary Spivak and Mary Spicuzza, Dec. 30, 2017