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Recognizing and Responding to Incapacity and Undue Influence. The United States is in the early years of the largest generational transfer of wealth in history. At the same time, rates of Alzheimer’s disease and other forms of dementia continue to rise. As a result, trust and estate litigation is sharply rising, including claims challenging wills and trusts for lack of capacity and undue influence. Jonathan Ingrisano will go beyond the legal elements of these claims to provide trust officers and administrators with practical guidance to identify the warning signs of lack of capacity and undue influence, and with best practices in response.
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