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How You Can Prove Fraud in an Estate Planning

Committing fraud in estate planning is one of the common types of crimes. There are many ways in which a person commit fraud in will and testament. The perpetrator can make a person have signed his or her will fraudulently, such as, by presenting the wrong documents by taking advantage of the victim’s mental condition, for instance, dementia.

This estate plan can be challenged on the basis of fraud. Estate planning fraud is a punishable crimeagainst propertythat if proved may lead a person a jail time.

If you’re loved one has been a victim of estate planning fraud, there are three ways to prove it:

  1. Misrepresentation of the Documents:

The main thing in proving fraud is to prove that the documents were misrepresented with the intent that the testator relies on the statement to change the estate planning documents. It is not necessary that someone outside the family commits this fraud. Fraud can also occur when a child of the testator lies about the sibling in order to receive more money from the estate plan or may attempt to disinherit a sibling completely from the receiving the property through Will. This type of frauds is quite common among family members.

However, an important thing to remember is you have to prove that the speaker already knew that the statement was wrong or false when he or she made it. In order to prove, you should consider several important questions such as the evidence of making the statement, evidence of the statement being false, evidence that the speaker knew it was a false statement. You should discuss these questions with your estate planning lawyer.

  1. The Intent of Committing the Fraud:

In the area of criminal law, the intent of crime is a critical element. You have to prove that that the person had intentions for the testator to change the estate plan on the basis of misrepresentation of facts. For instance, the person may tell the testator to take care of the things after his or her passing, but in fact, the intentions are not to take care, so this statement is considered as misrepresentation. Again, here you cannot easily prove that the intentions were to change the estate plan. So, in order to prove the intent, you should ask your estate planning lawyerhow to prove that there was the intent of crime at that point?

  1. Injury Occurred:

In order to succeed in your claim, proving that some injury occurred in the complained-of conduct. This claim usually arises after the death of the testator. The trick to making testate change the Will may not be necessarily taken as an injury. Although the attempts at fraudulent inducement are a big concern for the family, the injury must have occurred actually to prove the fraud, from the legal perspective. This means the person who tricked the testator, actually did it to make him or her change the estate plan.

Are You a Victim of the Fraud?

If your loved one fell for a lie, it is not his or her fault, as the person manipulated him or her for the personal gains. If you believed that your loved one is the victim of estate planning fraud, contact estate planning lawyer in Los Angeles County and schedule an appointment.

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