If you have a client that believes a loved one was unduly influenced to change their estate plan, can that client object to the estate plan during their loved one’s life? Or, is the case not ripe until after the loved one’s death? This issue was recently litigated in Maryland.
Can You Challenge an Estate Plan During the Testator’s Life?
By Jill Roamer, JD, CIPP/US on Jan 10, 2023 1:23:00 PM
Current Developments in Estate Planning and Business Law: December 2022
By WealthCounsel Staff on Dec 16, 2022 10:00:00 AM
From the US Tax Court setting aside Internal Revenue Service (IRS) Notice 2017-10 to clarification of an employer's obligation under the Fair Labor Standards Act to compensate employees for certain preshift duties, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.
Undue Influence Ruling Stands
By Jill Roamer, JD, CIPP/US on Dec 15, 2022 12:00:00 PM
Undue influence involves an individual taking advantage of another. This usually happens at the hands of a family member in an effort to gain financial control over someone with diminished capacity. In certain jurisdictions, undue influence is presumed when there is a fiduciary relationship between the two parties; the person doing the questionable action must rebut this presumption for the action to stand. Recently, a case highlighted how a presumption of undue influence was upheld and the offending party’s actions were undone.