Monday, June 25, 2007

Fraud is Closely Related With Undue Influence

IRWIN N. PERR, MD, JD This article appears on pages 15-22 of the Bulletin of the AAPL, Vol IX, No. 1. The AAPL is the American Academy of Psychiatry and Law. Dr. Perr served as its president during the mid-1980's.

An example of fraud is the situation where one influences a testator that another relative has stirred up trouble ... Fraud involves trick, deception, artifice; the testator is deceived and influenced by false statements. False representations must be inter-mingled with importunities and attempts to influence to establish a claim offraud. Fraud may be shown by a single act, while undue influence usuallyembraces a course of conduct.

Most important from the psychiatric standpoint is the principle that undue influence which will invalidate a will depends to a considerabledegree upon the intellectual capacity and other factors related to mental statuswhich may interfere with the person's judgemental and dispositionalcapacities. Obviously, it requires much less influence to control the will of a person whose functional abilities have been severely impaired by mental illness or physical conditions which affect mental functioning. A lesserdegree of intoxication or other impairment is required to establish undue influence than is necessary to maintain a claim of testamentary capacity.

5 comments:

MacPhale said...

Our Dad

My father is a trusting, sometimes forgetful, sometimes naive person that trusted his siblings and they screwed him. They were asked by their father, and my grandpa to hold some Farm Real Estate in Kansas in their names in trust for my father and us kids because a lawyer that worked for dad stole his business 16 years ago. My dad sued the lawyer and got him disbarred because the lawyer committed bankruptcy fraud after my dad got a money judgment against him. You can find the cases on Google. Type in the name Kenneth Edward Kolbjornsen, and you will find the cases. My grandpa passed on in December 2005. My dad's siblings would not let my dad or us kids see grandpa before he died because they did not want grandpa and my dad to get together so grandpa could give dad the deeds to the farms in his name. After grandpa died, dad's sister and two brothers refused to give dad his land as they had promised grandpa that they would. Instead my dad's sister signed the part that she was holding for dad over to her daughter and her son in law who is lawyer. Dad's younger brother told dad 30 minutes after grandpa died that he would sign dad's land over to him. Two hours later he signed the land over to his girl friend. Dad's older brother talked to my grandpa before he died and told us that grandpa had told him that he wanted us to have the land. Then, dad's brother changed his mind and decided to keep dad's land for himself. He had received twice as much land from grandpa as dad had, but also wanted dad's land. At first he was going to sign the deeds over to my dad. Then he changed his mind and decided to keep dad's land for himself. On the day we buried grandpa, we asked him why he was doing this against grandpa's wishes? He told dad and I that dad had to pay for his mistakes. When I asked him what mistakes he could not give any specifics.

Dad's sister got 200 acres of good farmland and producing gas wells which she has sold. Dad's younger brother got the home place where dad was raised and twice as much land than my dad was supposed to get. He also gave that to his girl friend three hours after grandpa died. We cannot set foot on the home place that we all grew to love over the years. Dad's siblings had grandpa in the ground two days after he died. They told my dad that it was the only time that the funeral home had available. We asked two different funeral directors, and they told us that they had the entire next week open. Dad and I sued his three siblings to get our land. Our first lawyer charged dad $1,600 to talk to him and read his letters then told him. "This case is like a pile of rocks, every time that I kick the pile of rocks some more bugs run out." He referred us to another lawyer who charged us $30,000. He was not an aggressive proactive lawyer. He reacted to Dad's sister's son in law who was proactive. He took our depositions, and ordered mountains of discovery that has keep dad busy for 14 months. Our lawyer took no depositions, and ordered no discovery. He had no passion for our case, only for the money. Now dad has hired a new attorney that he likes very much, however we can only keep him if we are able to pay him. We need $20 from a lot of people or someone that will help in someway or is interested in buying the rights to the story of “Fail v Fail, Lessons in Trust.” Fail is the family name, believe it or not.

From the time I was a nine year old kid, I watched my dad fight for justice against the lawyer that stole his business. It took him over thirteen years to get the lawyer disbarred and get a large money judgment against the lawyer. So far his collection lawyers have only been able to collect $1,800 of a $5,500,000. We will never see a penny more. I love my dad, and I want him back. He is not a quitter and he will not give up the fight against his siblings. He has told me that they dishonored grand pa and grand ma by stealing the land that they wanted dad and his children to have. That is why he will not give up. That is why I must help him get the money to pay his new Lawyer, so I can get my dad back. I hate to beg, but I need your help. Can you please send $20 or what ever you can to - PayPal.com and use this email address. Larry@requestusa.com Or mail it to Adam Fail 5470 SO. Greenwood St. Littleton, CO. 80120.

Thank You,

Adam & Jason Fail

MacPhale said...
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Anonymous said...

Here are the sites:
http://www.manta.com/coms2/dnbcompany_fh1r2


http://www.mywishnet.com/profiles/MacPhale/

Oh, Larry Fail, aka Larry Macphale