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so undue influence is at the heart of
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all of our trust in the state litigation
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matters that involve contests and in one
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particularly memorable case our client
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again was the longtime friend of a
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decedent who died without leaving
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children and clearly our decedent had
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wanted our client her friend to receive
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a substantial share of her estate
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however again some distant relatives
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came forward and said if we have this
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trust document thrown out then we will
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get everything and the friend will get
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nothing they alleged that our client had
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manipulated and exerted undue influence
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over the decedent and that that was the
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reason why the trust amendment should be
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invalidated
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we again aggressively defended our
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client and over the course of about a
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year we prepared the matter for trial
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and eventually we were able to resolve
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the case with the contesting parties
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receiving again somewhere less than 10%
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of what they were demanding and our
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client kept the majority of the assets
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and we defeated the undue influence
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claims that have been asserted against
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our client
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San Mateo, CA estates & probate lawyer Jeffrey Loew explains how undue influence plays a role in his work and cites a powerful case example.