August 01, 2016 GPSolo | Best of ABA Sections

Real Property, Trust and Estate Law: Gifts to Caretakers: Gratitude or Disguised Malfeasance?

Legislatures in several states have enacted statutes appropriately making it more difficult for unscrupulous caregivers to extract gifts. This article examines the background and purpose of these statutory schemes, explores the applicability of the presumption of fraud or undue influence, discusses how to overcome the presumption, and concludes by providing tips for estate planners and attorneys representing fiduciaries and beneficiaries in jurisdictions with such statutes or which are considering such statutes.

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