Sad as it is to say, resolving an estate can be a major cause of interfamily strife. Siblings who believed they would never argue about who inherits Grandma’s china can find themselves in a heated battle. Most of these arguments are usually resolved personally, without the need for a judge. But there are certain issues that can turn a family feud into a legal battle, and an allegation of undue influence is one of them. WHAT IS UNDUE INFLUENCE? Consulting your children during the planning of your estate does not count as undue influence. To rise to the level of undue influence, the requests must be made at a time when the person is in a compromised state, such as being physically disabled or mentally ill. In addition, the person making the request must have had the opportunity to make these requests in confidence or in private, and the person had a reason for using undue influence. Lastly, there must be evidence of the suspicious alteration. Undue Influence and How to Avoid It A Thorny Estate Planning Issue
you draw up documents. You should work with an experienced lawyer and have a physical exam prior to signing all documents. With a clean bill of health, challenging your competency to make decisions will become a nonissue. Once you’ve finalized your decisions, you should hold a group meeting with your lawyer present. This conversation might be difficult and contentious, but it will leave no confusion surrounding your desires for your estates. Squabbles often arise because multiple family members assume they know best what their loved one wanted. If you make your decisions known, there’s a much lower risk of fighting. With thoughtful planning and clear communication, you can ensure that no allegations of undue influence will arise after you’re gone. You’ll have the peace of mind of knowing that your plan will be executed and your loved ones will be on board with it.
These cases often arise when changes are made to a will late in life, such as cutting out certain heirs in favor of others.
HOW CAN I AVOID IT? Plan your estate early and on your own. Now, that doesn’t mean you shouldn’t ask your loved ones for their wishes, but they shouldn’t be in the room when
Chris’ Paleo Corner:
SLOW COOKER SWEET POTATO SOUP RECIPE
Thank You! For us to be able to help family and friends just like you, we depend on referrals.
DIRECTIONS
1. Place all the ingredients except for the coconut milk in a slow cooker. 2. Season everything to taste with sea salt and freshly ground black pepper. 3. Cover and cook on low for 6 hours or on high for 4 hours. 4. Puree everything until smooth, using a blender or an immersion blender. 5. Add the coconut milk, give everything a good stir, and cook for another 30 minutes. 6. Adjust the seasonings and serve warm.
INGREDIENTS
• 3 pounds sweet potatoes, roughly chopped • 1 onion, chopped • 2 stalks celery, sliced • 2 medium carrots, chopped • 1 tablespoon garlic, minced • 5 cups chicken or vegetable stock • 1 cup coconut milk • Sea salt and freshly ground black pepper
Thank you to the following people for your support!
John Acker
Carol Reeve
Bryan Bradford
Danielle Villani
Lisa Lukkari
RecipecourtesyofPaeloLeap.com.
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