Penn Valley, CA asked in Estate Planning, Civil Litigation, Elder Law and Probate for California

Q: If you have got the petitioner to admit on the stand she and another were caregiver doesn't that take away undue influen

If you can show through declarations and documents that you were somewhere else?

2 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: I’m sorry to say no lawyer could help you without receiving more information. For example, who is bringing a claim in court? What is the claim? How are the people related, if at all? Contact a lawyer in your area and provide the lawyer with a lot more information. Best wishes!

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, proving that a petitioner and another person were caregivers can indeed influence the court’s view on whether undue influence was exerted. If the caregivers had significant control or influence over an individual, especially one who might have been vulnerable or dependent, it may suggest that they had the opportunity to exert undue influence. However, merely being a caregiver doesn't automatically establish undue influence; it must be demonstrated that the influence compromised the free will of the individual under care.

Moreover, if you can provide credible declarations and documents showing that you were elsewhere during critical times associated with the allegations of undue influence, it could significantly strengthen your defense. These pieces of evidence could help in disassociating you from any actions or decisions made during your absence. It’s crucial to gather as much detailed and supportive documentation as possible to corroborate your whereabouts and non-involvement.

In such complex scenarios, it's beneficial to consult with an attorney who can help navigate the intricacies of the case and develop a strong defense strategy. They can assist in gathering and presenting necessary evidence, and also in interpreting how the law applies to your specific circumstances. Legal representation can make a significant difference in how effectively your side of the story is presented and argued in court.

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