When a loved one passes away, your distress may only be amplified once the will is read. If you suspect that someone has used their influence to change or create a loved one's will, you might need to take action and contest the will. To find out what undue influence means, read on.
What is Undue Influence?
When someone is in a position of trust with a vulnerable person, they may use their position for personal gain by influencing estate decisions. It can be a type of psychological abuse and it may also be the product of physical abuse. For instance, medication could be withheld until the victim makes changes to a will or a trust. However, the harm done is usually more subtle so that the victim won't have any reason to complain about the problem. Anyone can fall into this role and often it includes people that spend a lot of time with the victim:
- Caregivers, be they hired for that purpose, related to the victim, or not. Many families end up surprised when an employee of a nursing home is provided with a huge inheritance gained through undue influence.
- New love interests or spouses.
- Children, siblings, and other relatives of the deceased.
- Business associates, roommates, neighbors, clergy, and friends of the deceased.
Watch For These Red Flags
To stop this sort of abuse from occurring, loved ones should keep an eye for these red flags:
- Financial changes such as newly restricted access to banking and investment accounts, unexplained charges on credit cards, and more.
- Your loved one seems fearful of loved ones or others.
- Your loved one seems to be using too much pain or other medications.
- Your loved one has unexplained physical injuries.
- You are unable to speak with or see your loved one anymore.
What to Do
If you are dealing with a will or other estate instrument that you suspect was the result of undue influence, seek help from a probate lawyer at once. Anyone connected to the deceased has a right to file a contest to the will, file a police report, and take any action needed. Loved ones, the estate attorney, beneficiaries, executors, and others who wish to contest the will should be ready to prove their allegations, however. That means showing that your loved one was in a vulnerable position and under the control of someone who benefited unfairly from a will, trust, deed changes, and more. Speak to a will attorney to find out more about this reason for contesting a will and many others.
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