In Nevada, the elements for the claim of Undue Influence are:
- At all times relevant hereto, Defendants enjoyed a confidential relationship with [TESTATOR];
- [ALTERNATIVE] [TESTATOR]’s physical condition affected [HIS/HER] ability to withstand Defendants’ undue influence
- [ALTERNATIVE] [TESTATOR]’s mental condition affected [HIS/HER] ability to withstand Defendants’ undue influence;
- Defendants unduly influenced [TESTATOR] and unduly influenced [HIS/HER] decisions;
- [TESTATOR] made dispositions regarding [HIS/HER] property while under Defendants’ undue influence;
- The unnaturalness of [TESTATOR]’s disposition demonstrates an unbalanced mind or a mind easily susceptible to undue influence;
- Defendants’ demands and importunities affected [TESTATOR] and [HIS/HER] decision making, taking into consideration the time, place, and surrounding circumstances;
- Plaintiff has suffered damages; and
- Plaintiff is entitled to an award of attorney fees and costs as damages.
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.