One potential reason for estate litigation is undue influence. This means that an outside party influenced the estate plan and it does not reflect the deceased person’s true wishes. One sibling may say that another sibling used undue influence to manipulate the parent into giving them the majority of the inheritance, for example.
But this issue can sometimes also arise with nursing home employees and caregivers. After all, these people see the elderly individual on a consistent basis and are a big part of their lives. If a nursing home employee is included in an elderly person’s estate plan, family members may contest that they never would have been included if not for undue influence – and so they should not receive the inheritance they have been allotted.
Issues with receiving gifts
The important thing to remember about caregivers and nursing home workers is that they are in a position of power. The elderly person is dependent on them and relies on them.
This can open the door to manipulation. If an elderly person feels like the only way they can get the care and assistance they need is if they give a financial gift to a caregiver through their estate plan, family members may be right that they never would have left that money had the caregiver not been in a position of power.
It is also important to consider the policies in place at the nursing home or assisted living facility. Often, these facilities have specific policies stating that employees cannot accept gifts from residents. The mere inclusion of a caregiver in an estate plan may show that they have already violated this policy, calling the gift into question.
Addressing estate litigation
Cases like this can become contentious and very complicated. It is crucial for family members to know exactly what legal options they have.