Herbert describes how modern technology has enabled practitioners to potentially use emails, texts, and letters as prior correspondence in a trial. Commonly, Herbert points to cases involving elderly persons who show signs of mental incapacity. He narrates how, often, “an unscrupulous person ‘enters’ the life of the elderly person, begins to take ‘care’ of the elderly person, and begins to ‘help’ the elderly person with their finances and medical care.” Afterwards, the elderly person’s estate plan will transform drastically for the benefit of the new “caretaker.” In such cases, Herbert states that modern correspondence could potentially be key evidence in trials.
Herbert, Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial
Wealth Strategies Journal 