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Understanding Undue Influence – Part I

Whenever a client’s Estate Plan deviates from the expected disposition, it raises questions. Most of the time, clients have consulted with a competent attorney regarding their reasons for structuring the plan the way that they have. Sometimes, other factors are at play and the plan doesn’t represent the testator’s true wishes, but rather, another individual’s testamentary desire. That’s undue influence and there are ways to guard against it.

October 7, 2022 //  by Andrew Slaton-Freeman

The Slaton Schauer Law Firm, PLLC are members of the AAEPA– the American Academy of Estate Planning Attorneys. This means that we work collaboratively with them to bring you the latest news on estate planning, wills, and trusts. Today we’re featuring the first half of a two-part series written by our friend Tereina Stidd; the topic for this series is “Undue Influence,” which is, unfortunately, of interest to many families.

It has been our experience that unexpected deviations in an estate plan raise questions within families. Occasionally the new plan doesn’t represent the testator’s true wishes and has been twisted toward someone else’s greed. When does this cross the line into undue influence? How can we guard against it? Read on to learn more.

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Andrew Slaton-Freeman
Andrew Slaton-Freeman
Estate Planning Attorney at Slaton Schauer Law Firm, PLLC
Before practicing exclusively in Estate Planning Law, Mr. Slaton-Freeman worked in research contracts for Texas A&M University, for a major international defense contractor, and the Texas Office of the Attorney General. His background includes trial litigation, business law, analysis of complex contracts, and estate planning.
Andrew Slaton-Freeman
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