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Undue Influence Legal Guidance
Summary
In South Dakota, undue influence claims require proof of a confidential relationship, susceptibility, opportunity, and suspicious changes in a will. To counter such claims, gather evidence like texts, witness testimonies, and medical records. If medical evaluations show your husband was capable of making decisions, it strengthens your case. Ensure your attorney presents this evidence clearly. If you face communication issues with your attorney, consider scheduling a meeting or seeking a second opinion. Regarding property disputes, if a codicil lists you as the inheritor, ensure its valid and enforce your rights. You should have access to the property if designated to you. Consider requesting a court order for access if necessary.Full Conversation
I am summoned for undue influence by my stepdaughter because my husband made an amendment to his will. We gad a prenup and he had a will. His daughter was in charge of medical and finances. He was hospitalized and requirex */* care because of a trach and feeding tube. The doctor said he needed help with paying bills, so his daughter took care of his finances. He begged me through texts to take care of him and leave my job. I told him I did not think I could because she was in charge of his care. He said he would fix it. His attorney would not change it. Then my husband added me to his insurance and told the insurance benefits specialist to list me as prinary beneficiary. The portal showed he had * policys. I was paid for * but not the 3rd. Can an attorny find where it went or can the insurance company make untraceable? What can I due?
It sounds like a complex situation. Generally, an attorney can help trace the third insurance policy and determine the rightful beneficiary. It will be crucial to gather all relevant documents, texts, and communications.
What state are you located in? This will help me provide more specific information on undue influence laws and insurance regulations.
What state are you located in? This will help me provide more specific information on undue influence laws and insurance regulations.
South dakota
****, in South Dakota, undue influence claims and insurance beneficiary disputes can be quite intricate. Here are some key points for your situation:
- Undue Influence: South Dakota law considers undue influence as pressure that overpowers a person's free will, especially regarding wills and financial matters.
- Insurance Policies: Insurance companies are required to maintain records of policies and beneficiaries. An attorney can subpoena these records if necessary.
To proceed, I recommend:
- Gather all relevant documents, texts, and communications.
- Consult with an attorney experienced in estate disputes and insurance claims.
Would you like help finding a specific resource or attorney in South Dakota?
- Undue Influence: South Dakota law considers undue influence as pressure that overpowers a person's free will, especially regarding wills and financial matters.
- Insurance Policies: Insurance companies are required to maintain records of policies and beneficiaries. An attorney can subpoena these records if necessary.
To proceed, I recommend:
- Gather all relevant documents, texts, and communications.
- Consult with an attorney experienced in estate disputes and insurance claims.
Would you like help finding a specific resource or attorney in South Dakota?
Sure
****, here are a few resources to help you find an attorney in South Dakota:
Website: www.sdbar.org
Phone: (*) *-*
Website: www.sdlawhelp.org
Would you like more information on a specific legal topic?
South Dakota Bar Association
Website: www.sdbar.org
South Dakota Legal Services
Phone: (*) *-*
Website: www.sdlawhelp.org
Would you like more information on a specific legal topic?
What does the step daughter need to prove it
To prove undue influence in South Dakota, your stepdaughter would generally need to establish:
- A confidential relationship existed between the influenced person and the influencer.
- The influenced person was susceptible to undue influence due to mental or physical condition.
- The influencer had an opportunity to exert undue influence.
- There was an unnatural or suspicious change in the will or financial arrangements.
Would you like more details on how to counter such claims?
- A confidential relationship existed between the influenced person and the influencer.
- The influenced person was susceptible to undue influence due to mental or physical condition.
- The influencer had an opportunity to exert undue influence.
- There was an unnatural or suspicious change in the will or financial arrangements.
Would you like more details on how to counter such claims?
Yes
To counter undue influence claims, you can:
- Document Evidence: Gather all texts, emails, and communications showing your husband's intent.
- Witness Testimony: Find witnesses who can attest to his mental state and intentions.
- Medical Records: Obtain records showing his mental capacity.
- Professional Opinions: Secure statements from professionals (e.g., doctors, attorneys) who interacted with him.
Would you like guidance on finding specific types of evidence?
- Document Evidence: Gather all texts, emails, and communications showing your husband's intent.
- Witness Testimony: Find witnesses who can attest to his mental state and intentions.
- Medical Records: Obtain records showing his mental capacity.
- Professional Opinions: Secure statements from professionals (e.g., doctors, attorneys) who interacted with him.
Would you like guidance on finding specific types of evidence?
Yes
****, here are some steps to gather specific types of evidence:
- Document Evidence: Collect all texts, emails, and written communications showing your husband's intent and mental state.
- Witness Testimony: Identify and contact friends, family members, or healthcare providers who observed your husband's condition and intentions.
- Medical Records: Request your husband's medical records to demonstrate his mental capacity during the relevant period.
- Professional Opinions: Obtain statements from doctors, attorneys, or other professionals who interacted with him regarding his decisions.
Would you like assistance in finding any of these specific types of evidence?
- Document Evidence: Collect all texts, emails, and written communications showing your husband's intent and mental state.
- Witness Testimony: Identify and contact friends, family members, or healthcare providers who observed your husband's condition and intentions.
- Medical Records: Request your husband's medical records to demonstrate his mental capacity during the relevant period.
- Professional Opinions: Obtain statements from doctors, attorneys, or other professionals who interacted with him regarding his decisions.
Would you like assistance in finding any of these specific types of evidence?
Yes
****, to gather specific types of evidence:
- Document Evidence: Collect texts, emails, and written communications showing your husband's intent and mental state.
- Witness Testimony: Contact friends, family members, or healthcare providers who observed his condition and intentions.
- Medical Records: Request his medical records to demonstrate his mental capacity.
- Professional Opinions: Obtain statements from doctors, attorneys, or other professionals who interacted with him regarding his decisions.
Would you like help in obtaining medical records or contacting potential witnesses?
- Document Evidence: Collect texts, emails, and written communications showing your husband's intent and mental state.
- Witness Testimony: Contact friends, family members, or healthcare providers who observed his condition and intentions.
- Medical Records: Request his medical records to demonstrate his mental capacity.
- Professional Opinions: Obtain statements from doctors, attorneys, or other professionals who interacted with him regarding his decisions.
Would you like help in obtaining medical records or contacting potential witnesses?
I gave my attorney * large binders of all text message exchanged with my husbands family, phone call logs, transportation logs docunenting all medical appts and who went to those appts. Also messages sent to his family from my husbands phone to his family, to show I included them and did not isolate him. I also documented our meeting with hospice. What are your thoughts?
****, it sounds like you have gathered substantial evidence to counter the undue influence claims. This documentation can be crucial in proving your case.
One relevant question: Have you obtained any professional opinions (e.g., from doctors or attorneys) about your husband's mental state at the time of the will amendment?
One relevant question: Have you obtained any professional opinions (e.g., from doctors or attorneys) about your husband's mental state at the time of the will amendment?
They supeonaed medixal records. These would include mental evaluations when he was hospilaized * times between Dec-April
****, it seems like you have a strong case with the extensive documentation you've provided. Since medical records have been subpoenaed, it will be important to review them carefully. Ensure that any evaluations support your husband's mental capacity and intent during the relevant period.
Would you like guidance on how to interpret these medical evaluations?
Would you like guidance on how to interpret these medical evaluations?
Sure
To interpret medical evaluations:
- Consult with Medical Experts: Have a medical professional review the evaluations to determine your husband's mental state.
- Focus on Cognitive Assessments: Look for notes on his cognitive abilities and capacity to make decisions.
- Timeline Correlation: Ensure the evaluations align with the dates of the will amendment and insurance changes.
Would you like assistance in finding a medical expert to help review these records?
- Consult with Medical Experts: Have a medical professional review the evaluations to determine your husband's mental state.
- Focus on Cognitive Assessments: Look for notes on his cognitive abilities and capacity to make decisions.
- Timeline Correlation: Ensure the evaluations align with the dates of the will amendment and insurance changes.
Would you like assistance in finding a medical expert to help review these records?
If it shows he was capable of displying he knew what he wanted and he could decide, then what?
If the medical evaluations show that your husband was capable of making decisions, it strengthens your case against undue influence claims. It demonstrates that he acted of his own free will. Ensure your attorney presents this evidence clearly during the case.
Do you need help finding a medical expert to testify about these evaluations?
Do you need help finding a medical expert to testify about these evaluations?
For attoneys to go through medical information from Oct- Aprll should this take a couple years? As I was told that it will take years
It shouldn't take years for attorneys to review medical information from October to April. Generally, it could take a few months, depending on the complexity of the records and the case specifics. However, delays can occur due to court schedules, opposing counsel actions, or the need for expert testimony.
Would you like guidance on expediting this process?
Would you like guidance on expediting this process?
I hear from my attorney about once a month. I have asked * times if an executive special administrator was ever placed. If I should insure vehicles that my husband titled to me but are still in the property his son inheeited. But my attorney never responds back on my questions
****, it sounds frustrating not getting timely responses from your attorney. Here are some steps you can consider:
*. Communication: Schedule a specific meeting with your attorney to address all your concerns.
*. Executive Special Administrator: Verify if one was appointed by checking court records.
*. Vehicle Insurance: Generally, you should insure vehicles titled to you.
Would you like help finding another attorney for a second opinion?
*. Communication: Schedule a specific meeting with your attorney to address all your concerns.
*. Executive Special Administrator: Verify if one was appointed by checking court records.
*. Vehicle Insurance: Generally, you should insure vehicles titled to you.
Would you like help finding another attorney for a second opinion?
Should I be able to stay at the cabin that is being disputed in the will? Should his daughter be able to because she is the persobal representative and she was going to inherit it?
****, whether you can stay at the cabin depends on the terms of the will and the probate process. The personal representative (your stepdaughter) has certain rights, but doesn't automatically get to reside in the property.
Is there a specific clause in the will regarding the cabin?
Is there a specific clause in the will regarding the cabin?
The codicil listed me to inherit it
****, if the codicil lists you to inherit the cabin, this strengthens your position. Here are some points to consider:
- Ensure the codicil is valid and properly executed.
- Discuss with your attorney to enforce your rights under the codicil.
- Your stepdaughter, as personal representative, should not reside in the cabin if it’s designated to you.
Would you like guidance on enforcing the codicil?
- Ensure the codicil is valid and properly executed.
- Discuss with your attorney to enforce your rights under the codicil.
- Your stepdaughter, as personal representative, should not reside in the cabin if it’s designated to you.
Would you like guidance on enforcing the codicil?
She does not reside in it but has sole access to it i do not have the keys
****, if the cabin is listed in the codicil for you to inherit, you should have access to it. Here are your steps:
- Discuss this issue with your attorney to enforce your rights.
- Request a court order for access to the property.
Would you like guidance on requesting a court order?
- Discuss this issue with your attorney to enforce your rights.
- Request a court order for access to the property.
Would you like guidance on requesting a court order?
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