Dissecting an Undue Influence Claim: From Intake to Appeal

Undue influence claims are unique and often misunderstood as defendants and their counsel underestimate the plaintiffs’ abilities to prove these allegations and the costs involved with simply defending these factually intensive cases. Having litigated hundreds of undue influence claims on behalf of plaintiffs and defendants, the presenter will help practitioners understand how to take these cases from initial intake to appeal. This presentation will explain the essential elements of an undue influence claim, address discovery issues such as medical/financial records and the estate planning attorney’s file and discuss strategies for depositions and expert witnesses. As many of these cases settle…