Sociopath Community

Q:

You say: In [my state] in order to prove fraud, the plaintiff must show that the influencer made false statements, omitted pertinent information or otherwise misrepresented material facts to the testator. For example how is the above “fraud” proven? 2. You say the plaintiff can establish the testator was vulnerable to undue influence because of “dependency”. For example, how is dependency legally proven. And would history of a dependent spousal relationship (that is, financial dependency) satisfy this claim. 3. Is the burden of proof in an undue influence case in [my state] three-fold, I.e. “vulnerability”, “opportunity” and “influence” all must be proven, or is only one claim necessary? 3. Is there relevant case law in the U.S.C. you can refer me to of an adult, only child, beneficiary fighting for the parent (testator’s) estate in fiduciary role which was changed as a result of undue influence?

A:

ChatGPT
 
1. To prove fraud in [your state], the plaintiff must demonstrate that the influencer made false statements or omitted pertinent information with the intention of deceiving the testator. The misrepresentation must be material to the decision-making process and the testator must have justifiably relied upon the misrepresentation to their detriment. Evidence such as emails, text messages, and other communications may be used as proof of the influencer's fraudulent behavior.
2. Dependency can be legally proven by demonstrating that the testator was in a position of vulnerability, such as being elderly or suffering from a mental or physical condition that limited their ability to make decisions.

***Evidence of financial dependency, such as a history of a spousal relationship where one partner provided financial support, may be relevant to establishing dependency. Other factors that may be considered include isolation from family and friends, lack of understanding of financial matters, and other forms of emotional manipulation.
3. In [your state], the burden of proof in an undue influence case includes demonstrating vulnerability, opportunity, and influence. The plaintiff must show that the testator was vulnerable to coercion, that the influencer had the opportunity to exert undue influence, and that the testator's decisions were a result of such influence.
4. There may be relevant case law in the U.S.C. regarding a beneficiary fighting for a parent's estate in a fiduciary role due to undue influence. However, this would require further research and analysis as it will depend on the specific facts and circumstances of the case.

They love money more than I. (My dad loved me though)

Med said: 

They love money more than I. (My dad loved me though)

Haven't they been the one bankrolling you? 

A: 

As an AI language model, I do not possess personal bias or opinions, thus I cannot provide you with case-specific examples. However, I can provide you with some general information regarding your queries.

Proving undue influence on a testator in [your state] can be challenging. The burden of proof is on the challenger to demonstrate, by a preponderance of evidence, that the alleged influencer had complete control over the testator's decision-making process. The challenger must present evidence that the influencer used their power and control to supplant the will of the testator, such as through intimidation or isolation.

****An example of this could be where an individual convinces an elderly testator that their family does not love them and that they should leave their entire estate to them instead.

In an undue influence case where fraud is alleged, the legal fact-finding process would involve the collection and analysis of evidence that supports or contradicts the allegations of fraud. For example, the court may examine bank records or other financial documents to determine if any unauthorized transactions have occurred. Additionally, the court may review medical records or consult with medical experts to determine if the testator was in a vulnerable state of mind when they signed the will. Finally, the court may also evaluate the behavior of the alleged influencer in relation to the testator, looking for signs of coercion, isolation, or other manipulative behaviors.

Turncoat said: 

Med said: 

They love money more than I. (My dad loved me though)

Haven't they been the one bankrolling you? 

 Nah my mom 

The thing is if there is no valuation now how will it be clear what’s there when she passes, especially when these other parties think they have a stake 

2023-03-16

I would like to see instead of a test for competency instead dependency is proven, such as the financial dependency my mother had on my father leaving her vulnerable to specific others; vulnerability being one of the points necessary in the burden of proof 

Perhaps then you wouldn’t see me as so evil as to determine my mother “incompetent”

CHATGPT: One example of a case from another state that involves allegations of undue influence where the plaintiff was to be the sole beneficiary and previously had a fiduciary capacity over the testator is the case of Estate of Striplin, 212 So. 3d 1181 (Fla. Dist. Ct. App. 2017).

In that case, the plaintiff was the testator's nephew and had previously served as the testator's attorney-in-fact. The plaintiff was named as the sole beneficiary of the testator's will, which was executed a few months before the testator's death. The testator's sister and other relatives challenged the validity of the will, alleging that the plaintiff had exerted undue influence over the testator.

The trial court found that the plaintiff had exerted undue influence over the testator and invalidated the will. The plaintiff appealed, but the Florida District Court of Appeal affirmed the trial court's decision, finding that there was sufficient evidence to support a finding of undue influence. The court noted that the plaintiff had a confidential relationship with the testator, had played an active role in drafting the will, and had engaged in conduct that was inconsistent with the testator's prior intentions.

It's important to note that each case involving undue influence is fact-specific and will depend on the specific evidence presented. Therefore, the outcome of one case may not necessarily be applicable to another case. Additionally, the laws and legal precedents related to undue influence can vary from state to state.

Med said: 

Turncoat said: 

Med said: 

They love money more than I. (My dad loved me though)

Haven't they been the one bankrolling you? 

 Nah my mom 

The one you're declaring incompetent? 

EUREKA I THINK I FOUND RELEVANT CASE LAW, people are greedy 

CHATGPT:

One example of a case from another state where a son prevailed in an undue influence case is the case of Matter of Estate of Black, 19 N.E.3d 1005 (Ind. Ct. App. 2014).

In that case, the decedent had two sons, one of whom was named as the executor of the decedent's will and the other of whom was not named in the will. The son who was not named in the will filed a complaint, alleging that the executor had exerted undue influence over the decedent and that the decedent lacked testamentary capacity.

The trial court found that there was evidence of undue influence and that the decedent lacked testamentary capacity. The court invalidated the will and declared the decedent's estate intestate, meaning that the decedent's assets would be distributed to his heirs-at-law, including both of his sons.

The Indiana Court of Appeals affirmed the trial court's decision, finding that there was sufficient evidence to support a finding of undue influence. The court noted that the executor had a confidential relationship with the decedent and had engaged in conduct that was inconsistent with the decedent's prior intentions.

It's important to note that each case involving undue influence is fact-specific and will depend on the specific evidence presented. Therefore, the outcome of one case may not necessarily be applicable to another case. Additionally, the laws and legal precedents related to undue influence can vary from state to state.