Previously on the blog we discussed undue influence and how it can serve as a basis upon which to attack an estate plan’s validity. This can be a powerful way to protect your and your loved one’s interests, ensuring that your loved one’s property isn’t dispersed in a way that’s contrary to their interests.
Yet, proving undue influence can be difficult, and the issue is often hotly contested when it’s raised in court. Therefore, before you start levying allegations, it’s a good idea to gather as much evidence as you can to support your claims. Mere suspicions aren’t enough, though. How, then, can you spot signs of undue influence? Let’s dive in so that you know what to watch out for as you prepare to take legal action.
The estate planning process can play out over years, and the undue influence exerted over your loved one can take just as long to play out. Therefore, as you analyze the circumstances surrounding the creation of your loved one’s estate plan, you need to take a holistic view. Here are some red flags of undue influence that you should look out for as you consider building a case:
- Isolation: In many instances of undue influence, the estate plan’s creator is separated and isolated from family members and friends. The influencer does this so that their manipulation can occur in secret, making it difficult for you to talk to your loved one and see the manipulation they’re experiencing first-hand.
- Dependence: A lot of people who engage in undue influence exert a significant amount of power over the estate plan creator. In many instances, the influencer provides so much care and support that the plan creator relies upon them to get by on a daily basis. This makes it easy for the influencer to threaten the creator in way that leaves them feeling obligated to include the influencer in the asset distribution scheme.
- Deteriorated mental condition: If your loved one’s mental condition has declined, then they’re more susceptible to influence and manipulation. So, be aware of who is around them if they suffer from something like dementia or Alzheimer’s.
- Sudden changes to estate planning documents: Under normal circumstances, changes to an estate plan should be justifiable and make sense. But if your loved one suddenly and unexpectedly makes changes without good reason, then you should ask questions to figure out what’s really going on.
- Unusual financial activity: If you notice that there are large financial transactions from your loved one’s accounts to someone unexpected, then red flags should be raised. Undue influencers often talk their way into getting estate plan creators to give them large gifts that are unwarranted and undeserved. This can be indicative of your loved one’s frail mental state and the manipulation to which they’ve been subjected.
Don’t let undue influence derail your loved one’s estate plan and your inheritance
Undue influence can wreak havoc on an estate plan’s asset distribution scheme, leaving you cut out of the inheritance that you were expecting and that your loved one, under normal conditions, would’ve wanted for you. But no one is going to step in and protect your and your loved one’s interests for you. Instead, the burden is on you to act to right any wrongs that have occurred. Therefore, if you suspect undue influence, then now is the time to start gathering evidence and investigating to find answers to pending questions. By doing so, you’ll hopefully be in a strong position to litigate the matter in probate court and secure a fair and favorable outcome.
