We recently discussed potential problems with undue influence. This occurs when someone is manipulated into altering their estate plan, and it can sometimes lead to estate litigation. For instance, an elderly person experiencing cognitive decline may be lied to or tricked into changing their estate plan.
One common way this happens is when the person exerting undue influence is in a position of power. For example, an adult child may quit their job to become the primary caretaker for their elderly parent. Once they are entrenched as the caretaker, they may threaten to withhold care if the parent doesn’t alter the estate plan to their benefit. This is a clear use of undue influence to force changes in the estate plan.
This example illustrates why family members are often involved, but should you also be wary of undue influence from those outside your family?
Healthcare and aid workers
Undue influence can also occur when healthcare workers or others offering assistance to the elderly use their position to gain financial compensation unfairly.
For example, imagine that your elderly parent moved into a nursing home before passing away. While there, they altered their estate plan to leave a substantial portion of their assets to the primary care worker who assisted them. This could be an instance of undue influence and may warrant estate litigation if you believe this change does not reflect your parent’s true wishes. In such cases, the care worker may have manipulated the person they were supposed to be helping.
Addressing complex litigation
Litigation involving undue influence can be highly complex, so it’s crucial to understand what legal steps to take at this time.