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And Trust Litigation Law Firm

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Understanding The Law Concerning Fraud, Undue Influence And Duress

When certain people are named as beneficiaries, or when they appear to be benefiting disproportionately, suspicion may arise as to whether the testator was improperly influenced when creating the will. There may also be fears that fraud was perpetrated.

Established in 1993, the Wessels Law Firm represents clients in probate litigation involving allegations of fraud, undue influence and duress. We are also available to provide an impartial, independent review to determine if the transfer of substantial assets was legitimate.

Contact our law firm today to address your concerns during a free initial consultation with an experienced probate lawyer in San Jose, California. We offer the sound advice and strategy needed to successfully manage your legal needs.

Seeking To Uphold The Testators’ True Intentions

Elderly people are considered particularly vulnerable. Testators often name relatives, caregivers, doctors and other individuals close to them as beneficiaries in their wills. Unfortunately, caregivers, neighbors and relatives have been known to exploit seniors in an effort to benefit from the estate.

In particular, a testator’s attorney, doctors, nurses, caregivers and relatives are often in a position to commit fraud or manipulate vulnerable individuals. Even friends and neighbors are known to commit financial elder abuse through coercing an individual lacking the mental capacity to make informed decisions about his or her estate.

Since 1993, probate attorney Kai H. Wessels has represented clients in will dispute contests with allegations of fraud, duress or undue influence. Mr. Wessels has handled complicated cases involving individuals who supported the testator but were not intended to be beneficiaries of the estate. As in all probate litigation cases, our goals are to honor the intentions of the testator and to protect the interests of our clients.

Providing Independent Review Services

California law recommends that both the will and a certificate of independent review process be completed by a neutral attorney if the testator is 65 years or older.

California requires an independent review when nonrelatives, including doctors, in-house nurse, and other caregivers are named as beneficiaries in the will of a senior.

Without a certificate of independent review, the beneficiary may be required to prove by clear and convincing evidence that undue influence or duress was not exerted on the individual in order for the bequest or gift to be proven valid.

Contact Us For A Free Initial Consultation

Contact the Wessels Law Firm in San Jose, California, today to discuss your probate dispute with an experienced lawyer. We offer free initial consultations from our law firm in San Jose. Call us at 408-705-4577 to learn more.