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Warning Signals for Potential Incompetency and/or Undue Influence

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When looking for signs of potential incompetency or undue influence there are warning signals you should be aware of. Here are some signs that should put you on guard:

  • Unnatural dispositions.
  • Owner’s poor medical condition.
  • Last minute change to estate plan.
  • Changing from owner’s long-time attorney to the beneficiary’s attorney.
  • Beneficiary is in the room when owner discusses new estate plan with attorney.
  • Beneficiary isolates owner from others.
  • Beneficiary is represented by a professional fundraiser.
  • Target owner: a person who is feeble, dependent, wealthy and has no immediate family.
  • Last minute marriage to dying person.
  • Beneficiary’s questionable relationship with decedent.
  • New beneficiary ends up with every last cent to the exclusion of other natural beneficiaries.
  • Beneficiary refusal to share personal effects of sentimental value with other natural heirs.
  • Plan makes no sense in light of relationship.
Law Office of Richard Kolb
www.rkolblaw.com
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