Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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The use of email or this form for communication with MULVANEY LAW OFFICE, PLLC does not establish an Attorney-Client Relationship. If you don’t think I have responded, please check your spam folder. Time-sensitive information should not be sent through this Form or through email. Sensitive information can be uploaded to an encrypted Dropbox folder in your client file. Google Review Link Yelp Review Link

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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When it comes to death and estates, various scams target vulnerable individuals during this emotionally challenging time. 

Common scams include:

• Bereavement Scams: These involve individuals who exploit grieving families, often posing as debt collectors or lawyers claiming the deceased owed money or requesting personal information related to a will.
• Inheritance Scams: Scammers send unsolicited letters or emails claiming a large inheritance awaits the recipient, requiring upfront fees or personal information to process the claim.
• Fake Charities: Fraudsters pose as charitable organizations to collect donations related to the deceased, often using names similar to legitimate charities.
• Funeral and Burial Scams: Unscrupulous funeral homes may pressure families to purchase unnecessary or overpriced services and products.
• Ghosting (Identity Theft): Scammers attempt to obtain personal information about the deceased to steal their identity and access their accounts before the death is reported.
• Impersonation Scams: Scammers may impersonate funeral home staff, claiming issues with payment or demanding additional funds to continue services.
• Fraudulent Estate Planning Services: Individuals pose as experts, offering to create wills or trusts for a fee, but provide invalid or poorly drafted documents.
• Predatory Probate Practices: Dishonest attorneys or services overcharge or unnecessarily prolong the probate process to increase fees.
• Life Insurance Scams: Fraudsters claim to be beneficiaries or forge death certificates to collect on policies.
• Debt Collection Fraud: Scammers contact family members claiming outstanding debts, putting pressure to pay. 

Red flags and protective measures:

• Unsolicited Contact: Be wary of unexpected emails, calls, or letters about inheritances or debts.
• Pressure to Act Quickly: Scammers often create a sense of urgency to prevent investigation.
• Requests for Upfront Fees or Personal Information: Legitimate processes typically do not require immediate payments or sensitive data upfront.
• Verify Information: Always verify the legitimacy of claims and individuals by contacting organizations directly using independently verified contact information.
• Be Cautious Online: Avoid clicking suspicious links or providing personal information in unsolicited messages.
• Limit Obituary Details: Avoid including excessive personal details in obituaries.
• Report Suspicious Activity: Report suspected scams to authorities like the FTC. 

There are many death and probate related scams. I will focus on four.

• Inheritance Scams
• Renting Home of Deceased Scams
• Stealing from the Estate Prior to the Inventory
• Undue Influence

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Inheritance Scams

The number one way scammers operate is by telephone. Hang up and block numbers – DO NOT ENGAGE.

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Renting Home of Deceased Scams

Debt settlement companies do not owe fiduciary duties to you the way lawyers do.

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Stealing from the Estate Prior to the Inventory

Putting a freeze on your credit reports is the best way to avoid credit card fraud.

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Undue Influence

Undue influence in the context of estate planning and wills is a serious issue that occurs when someone pressures or manipulates an individual (the testator) to make changes to their estate plan that benefit the influencer, often resulting in an unfair or larger share of the estate for the influencer. This manipulation can override the testator’s true intentions and lead to estate challenges. 

How Undue Influence is Used to Gain a Larger Share:

Individuals who exert undue influence often exploit a person’s vulnerability, such as age, illness, physical or mental decline, or emotional dependency. Here’s how they might operate: 

1. Isolation: They might isolate the testator from family, friends, or trusted advisors to control information and decision-making.
2. Manipulation and Coercion: They may use emotional tactics, threats, guilt-trips, or false claims about other beneficiaries to sway the testator’s decisions.
3. Exploiting Dependence: If the testator is dependent on the influencer for care, the influencer may threaten to withhold assistance unless the testator complies with their wishes regarding the estate plan.
4. Suspicious Changes to Estate Plan: Sudden and unexplained changes to the will or trust, especially those favoring the influencer disproportionately, can be a sign of undue influence.
5. Active Involvement in Estate Planning: The influencer might play an active role in drafting or modifying the will or trust, such as hiring a lawyer or being present during the signing process. 

Examples of Undue Influence:

• A caregiver threatening to withhold care from an elderly person unless they are included in the will.
• An adult child making false claims about a sibling to convince a parent to disinherit that sibling.
• A stepparent pressuring a vulnerable spouse to increase their inheritance at the expense of stepchildren.
• A service provider, such as a doctor or therapist, using their position of trust to gain assets intended for others. 

In essence, undue influence is a form of manipulation that preys on a vulnerable individual’s weaknesses to benefit the influencer financially by securing a larger or unfair share of the estate. Challenging a will or trust based on undue influence requires legal action and evidence to prove that the testator’s free will was overpowered.

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Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.