Patrick Owens Quoted in Wealth Management

John Amos’ Daughter Sues Brother Over Late Actor’s Estate

By: Anna Sulkin Stern

Patrick D. Owens, shareholder in the Chicago office of Buchalter, adds that, “Unfortunately, in many cases, other than bringing a potential claim for elder abuse or seeking a conservatorship in the court system, there is no right to claim undue influence or to contest an estate while a person is living.”

As far as the burden of proof in these sorts of cases, Owens said that, generally, it’s on the party making the claim, in this case, the daughter; however, the burden of proof can shift in cases of a confidential or fiduciary relationship involving undue influence. “If the brother acted as the agent under a power of attorney for property or as a trustee or co-trustee with his father, this could shift the burden of proof to the brother,” he posits.

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