Legal Question in Elder Law in California

Re: Care Custodian

from the facts given thus far, it appears you may have a strong case for undue influence and/or fraud against the caretaker. however, i would need you to email me more specific facts and dates of when all this took place and for how long. if the caretaker can be shown to have exercised undue influence, etc...over your mother and her will, you would have rights against this caretaker.

Re: Care Custodian

There is a presumption applying in certain cases that creates an automatic presumption of undue influence when the will/trust is changed to include a caretaker. The actual gift may be a prohibited transfer under Probate Code section 21350, but you'd need to take action to prevent such a transfer.

See a probate litigation attorney right away to discuss the facts further and see if a case is warranted here. There are short deadlines for contesting wills and trusts, so see someone quickly.

Re: Care Custodian

The elements of undue influence greatly depend on all the facts in this case. At first glance, it looks like you have a claim for undue influence. Please see a local probate litigation attorney to assist you. Note: There are deadlines for filing claims to contest a trust. Please immediately contact an attorney who can advise you on the above.

Re: Care Custodian

You will almost definitely need to file a legal action against the caregiver to receive a court order of undue influence.