It often happens that deep seated and long held grudges develop in families and this is most common in the case of adult siblings.  Negative feelings may grow even more intense after the death of one parent as, for example, when a family member believes that he or she has been treated unfairly or deserves more of the family assets than other family members.  Under such circumstances, pressure may be brought to bear on the surviving parent to penalize or disinherit a child or other family member, particularly by adult children who have not achieved financial success and are reliant upon the good graces of an elderly and infirm parent for economic survival.  Sadly, elderly and infirm parents are very susceptible to this type of pressure and may act to disinherit children in order to appease the person who is applying emotional pressure.  Fortunately, Courts have developed legal rules designed, when certain factors can be established, to invalid testamentary documents that are procured under such circumstances.   If the testator is elderly, ill, or in a feeble state and the person who is applying the pressure holds a position of trust, such as a child or other family member, and the pressure undue influence or duress, the disinheritance can be set aside.

If you have questions about whether you or a family member was wrongfully disinherited, please feel free to give us a call at (858) 259-7790 or contact us online.