Signs of Undue Influence

Undue influence refers to a situation in which one person unfairly pressures or coerces another person to make an important decision. In other words, the person who is making the decision is subject to threats, misrepresentation, flattery, fraud, or physical or moral coercion that is sufficient to cause the person to act against his or her free will. In an estate planning context, undue influence occurs when one person pressures another person to make or change a certain legal document, such as a will or a trust. After the person’s death, if a potential heir believes that the existing estate plan was the result of undue influence by another person, then there could be litigation in probate court over whether undue influence occurred or not, and thus whether the will or other legal document is legally valid or not.

Family situations often lead to disputes involving undue influence. For example, if an older adult marries a much younger person, and then changes his will to leave everything to his new wife and disinherit all of his children, then the children may raise questions about undue influence. Likewise, if a senior citizen decides to change her will and leave her entire estate to a caregiver, family members may suspect undue influence, in that the caregiver used her close relationship to take advantage of the senior. Another type of undue influence might occur if an adult physically and mentally relies on a caretaker to take care of him. The caretaker may threaten the adult by withholding food or necessary care in order to coerce the adult into changing his will and leaving assets to the caretaker.

Determining whether undue influence has led to a change in a loved one’s estate plan is an essential step in ensuring that your loved one’s wishes are carried out. If you or a loved one is in this situation, we have the knowledge and resources to assist you. Call Legacy Law Center today and learn how our Michigan estate planning attorneys can advocate on your behalf.