Estate Planning: Elements of Fraud to Watch Out For

Family doing estate planningMost people assume estate planning is a preserve of those with a vast amount of material possessions. Regardless of how much or what you own, however, estate planning is crucial. Most people, unfortunately, procrastinate this important exercise until their death becomes imminent.

In the face of looming death, you’re at a high risk of estate planning fraud. Fortunately, there’s now legal recourse for victims of estate planning fraud with the help of estate planning attorney in Denver. To guarantee the success of your litigation, the following are the elements that your lawyer will prove.

Misrepresentation

For fraud to occur there should have been someone who used a false representation to influence a testator/testatrix to modify or draft his or her will. Though it sounds easy to prove, it’s far from easy. Your attorney must prove beyond doubt that the accused proclaimed that he or she knew to be false.

Intent

It takes more than a mere utterance of a false statement for estate planning fraud. It should be established that a defendant made a statement intended to influence the estate’s succession in his or her favor. It’s not easy to prove precisely why someone might have said something but with skilled legal expertise, this is possible.

Injury

An injury in estate planning fraud is the action that arises from intent and misrepresentation. In this case, the injury is generally an adjustment of estate planning documents in a defendant’s favor. If for any reason, the estate succession doesn’t favor a defendant, then this element is absent in your case.

Estate planning fraud nowadays forms the most rampant form of abuse among the elderly in nursing homes and patients in hospice. If the above elements of fraud are adequately proven, the court has different remedies for plaintiffs. The most common remedy is a cancellation of the will acquired by fraudulent means.