A claim that a transfer of property is in fraud of marital rights is where a spouse, after the death of the other spouse, seeks to set aside and void a property transfer. It is a unique type of fraud, separate and distinct from the traditional fraud which consists of nine elements. “If established, the…
Legal Articles
Undue Influence in Wills, Trusts, Deeds, Nonprobate Transfers: Factors
Wills, trusts, deeds, and nonprobate transfers (e.g., beneficiary designations, transfer on death or payable on death arrangements) are sometimes challenged on the basis of undue influence. Undue influence is when one individual induces another by “active conduct” to provide a substantial benefit through the transfer of property. Undue influence cases are evaluated on a case-by-case…
Challenging Nonprobate Transfers (Beneficiary Designations, Transfer on Death, Pay on Death)
Nonprobate transfers are becoming increasingly popular in estate planning. They are simple, avoid probate and allow certain people to receive your properly immediately upon your death. They can be used by themselves or in conjunction with trust or will-centered estate plans. In application, they function by automatically and contractually conveying all ownership of a particular item…