CALIFORNIA FAMILY LAW
...Death of a Spouse
......Wills & Trusts
.........Undue Influence
3 Cards On This Topic:

Widow with Alzheimer's may allege financial elder abuse against those who convinced her to sell Trust property at unfair price, despite escrow cancellation, as it deprived her of a property right per Elder Abuse Act.

Although probate court applied incorrect std. for legal capacity and failed to apply undue influence presumption to interspousal transactions, judgment voiding H's testamentary trusts and trust amends. was amply supported by the evidence.

Probate ct. did not void decedent's trust documents because W spent too much of his money during his life, but used other findings to support an undue influence determination.