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Menace, Fraud, or Undue Influence of Any Person, Do Make, Declare and Publish This to Be My  Form

Menace, Fraud, or Undue Influence of Any Person, Do Make, Declare and Publish This to Be My Form

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That's a Stuart Albertson with Albertson in Davidson, and we have a series of post called you're doing it wrong if and you're doing it wrong if you are helping your mom and dad draft their trust or will before your mom and dad passes away in California we have what we call a burden shift and what the burden shift does is if you are involved in drafting the trust or will of your mom or dad you have to prove in court that that was not the product of your undue influence of you exercising undue influence over your mother or your father, and we called the burden shift it's a three-step issue the first step is do you have a confidential relationship with your mother or father clearly you probably do if you're drafting their will or trust secondly are you helping your mom and dad create the trust or will, and we call this the procurement element and if you're drafting the will or trust you're going to be procuring the trust are well for your mom or dad and third do you receive an undue benef

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