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IN THIS ISSUE:
Elder Law and Undue Influence Claims
As people age they become more dependent on family, friends and organizations. For the most part, this is healthy - family rises to the occasion, friends look out for each other's best interests and organizations commit themselves to quality care. However, manipulation can and does occur and elder individuals are often convinced to change an existing will, trust or estate plan to benefit the manipulator. Families are often shocked and horrified at the changes.
In some cases, a victim's family can file an Undue Influence Claim to revert changes made by manipulated elders. To contest a will due to an undue influence claim, there needs to be proof that the change in will or estate plan was not an independent action. Evidence must be collected to prove that force or pressure was the cause.
To prove direct undue influence, circumstantial evidence such as the following can be used:
The recent and devastating Colorado fires highlight some potential legal issues that arise between homeowners and homeowners insurance companies. Most private resident homes in the U.S carry homeowners insurance policies since most mortgage companies require homeowners to maintain minimum levels of the homeowners insurance.
Even if a house if paid off, it is a very good idea to have homeowners insurance. Homeowners insurance protects against significant damage to your home or within home. A large number of damage causing events are covered by homeowners insurance, but not all. Sometimes, an insurance company will deny a claim or part of a claim based on the cause or type of accident or damage. In some cases, this is strictly noted in the agreement, such as homeowner negligence. In other cases, the insurance company wrongly denies a claim and the coverage that the homeowner has been paying for every month is not honored. In legal terms this is called “bad faith”.
Lawyers tend to attract a lot of unfair bitterness from the average citizen. Here are 4 things that lawyers get a bad reputation for, that are unfair to lawyers.
1. Lawyers are often the bearers of bad news. There is an old saying, "don't shoot the messenger". Lawyers are often messengers of undesirable news.....
2. Lawyers always seem to be around trouble. When laws are followed, contracts are honored, interpersonal interaction is respectful, relationships are harmonious, and citizens are healthy, there is no need to appeal to the legal system to correct a problem. It is only when laws are not followed, contracts are breached, there is relationship breakdown, property is damaged or persons are injured that the legal system is needed. ....
3. Lawyers are the only party that gains in legal conflict scenarios. This is a harsh truth. For example, when two parties are divorcing, one household becomes two households and the living stand of both parties is almost always reduced. When the divorce is over, people tend to focus on the reality that the only party that is financially better off after the divorce are the lawyer(s) who helped the parties through the divorce....
4. Lawyers are ambulance chasers. Sometimes one bad apple spoils the whole bunch. It is not fair to let the bad behavior of a few ruin the reputation of the profession......