The “Wicked” Spouse vs The “Ungrateful Brats” Children
The Cuckoo Bird lays eggs in other birds nests and takes over. This all to often can show itself in real life Estate Fights. It is a frequent issue in probate & estate litigation. All too frequently conflicts in estate matters arise between step-parents and step-children. I’ve represented both sides, and I’ve seen how misgivings in blended families can carry over into disputes over inheritances. There are many tells and smell test can apply.
Estate Problems
Regardless of the reasons for strife, step-parent’s relationships with their stepchildren are often contentious.
Usually, the step-parents and the stepchildren in contested estates don't see the facts the same way nor reach the same conclusions in interpreting such facts.
The estate fights between stepchildren and their step-parents may seem chaotic, but the facts giving rise to the disputes usually fit one of several patterns.
Short Marriage Term with short engagements after short relationships
Short-term marriages are often a source of estate dispute. When the decedent’s marriage has been cut short by his death, the parents former long-term estate plan may have been undermined by undue influence in the period before their passing.
Wills, estate plans, transfers of property, and trusts that are drawn up on eve of death frequently end up in estate & probate litigation.
May December Relationships. Older man and younger women
These are often a source of contention when the new spouse is the same age as the decedent's children.
Favoring Children or the New Spouse
Favoring children from the second marriage or that of the new spouse can be very problematic.
Perception that a step-parent is trying to advance the interests of their own child over those of deceased spouse's biological children won’t be overlooked. Financial favors can include loans, free rent, cars and vacations lead to contention.
After a Death
Disputes will frequently break out immediately upon a spouse’s death. when, step-parent's hides information about Wills, Trusts, finances, etc leading to litigation.
Dementia
My experience in estate litigation leads me to conclude that most undue influence activities happen in conjunction some level of senility.
Elders maybe disoriented as to time and space. The elder gets lost easily and struggles with time relationships. Short-term memory is substantially impaired. Other confusion may exist as to his relationships of who people are in relation to them. Cases become more clear when the elder has extreme memory loss and there is little or no understanding of orientation in time, place geography, and situation.
Bad actors can exploit the vulnerabilities of an elders with dementia.
The property-transfer gambit is an effort to have the individual with dementia sign over deeds, powers of attorney, bank deposits or other assets to a person exercising undue influence.
Wrongdoing
Wrongdoing can be subtle such as the sudden existence or nonexistence of estate planning documents. When, personal property disappears or is signed over into the someone unexpectedly. When, precious family heirlooms might be found missing.