my dad took moneys from the sale of home aproximately [$100,00.00] and used proceeds to purchase a building lot $1800.00 and lands for $35,00.00 dad retained balance at his death.would it be extremely unlikely a duress claim would prevail with these facts?
There is absolutely no way to say based solely on your description. If you believe that undue influence or duress was involved, you need to speak with a local probate attorney who can go over all the facts and properly advise you on that basis.
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I would need many more facts to answer your question. I do not see where there is any duress or undue influence under the facts presented.
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Are you claiming someone exploited your father? If so, what was the nature of their relationship to him and how did they specifically exert undue influence or place him under duress? How was your father's estate harmed?
Rather than re-posting your question or posting a response to these questions, this sounds like the sort of thing you should discuss directly with an attorney rather than a public forum like this, as in order to give you an opinion, specifics should be discussed.
The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed.
Not sure what this has to do with undue influence? I man who owned something sold it and took money to buy something else....you'll have to explain why you think there is or is not undue influence.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
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