Undue influence can wreak havoc on an estate plan. An elderly person may have crafted an excellent plan that should provide for all of their family members and limit disputes. But if they suffer this type of undue influence near the end of their life, it could change the plan and cause a lot of conflict.
Essentially, undue influence is when one person pressures the elderly person to update or alter their estate plan. These changes will be in the favor of the influencer. They are doing it for their personal gain, whether they are trying to get tangible assets, family heirlooms or financial assets. It’s important to recognize if this is happening, so here are some potential red flags.
Changes favoring a caregiver
One of the first things to consider is that undue influence often comes from caregivers, as they have a position of power over the elderly person and they have constant access to them. If the changes to the estate plan suddenly give significant assets to a caregiver, it may mean that they were mostly responsible for that change.
Last-minute changes
Additionally, many people draft an estate plan well in advance. If the elderly person has had a will on file for the last decade, making only minor changes, it’s a red flag if they suddenly make major changes in the last month of their life.
Family conflicts
Another common red flag is simply when there is a lot of conflict between siblings and other family members. This level of conflict could mean that all of the siblings are only looking out for themselves, rather than trying to work together to find mutual solutions.
If you do believe that undue influence has impacted an estate plan, take the time to consider your legal options.