Adults typically have the right to establish estate plans as they see fit. They can choose who inherits their property and what resources they allocate to each beneficiary.
However, sometimes people may question whether an estate plan is truly the creation of a testator or if another party may have unfairly influenced their documents. In some cases, last-minute adjustments to estate plans extend large inheritances to caregivers. When that happens, families may have reasonable grounds to suspect undue influence and to contest the will.
Caregivers can manipulate vulnerable people
Most family members, friends, neighbors and professionals who serve as caregivers to aging adults do so out of goodwill. They want to serve their community, perform a job that they find meaningful or offer support to a loved one during their vulnerable golden years.
Unfortunately, there are some people who seek out caregiver authorities specifically because they want access to an inheritance or control over a vulnerable person. Many older adults retain their testamentary capacity, which means they can continue modifying their estate plans until they die.
However, any changes they make should be their own decisions. If other people unfairly manipulate or coerce them into making changes, their testamentary documents may not truly represent their wishes.
People can leave bequests to their caregivers and close family members and can increase what one person inherits if they wish. However, doing so at the expense of other beneficiaries might be reason for people to question what inspired those changes.
Pursuing probate litigation can lead to the courts upholding an earlier version of a will altered because of undue influence. Families concerned about the terms included in an estate plan may need to review the issue to determine if they have grounds to take legal action.