Undue influence involves someone using their power or trust to manipulate another person’s will decisions. It is a serious violation that can destroy a loved one’s entire estate plan.
If you suspect someone unduly influenced your family member’s asset distribution decisions, you must establish it in court. In Nevada, this involves demonstrating specific elements that indicate your loved one was manipulated into making decisions contrary to their true intentions.
Relationship of trust and dependence
A key element to demonstrate is the relationship between the testator and the alleged influencer. This relationship can take many forms, such as a family relationship, a caregiver or a trusted advisor. The critical factor here is that a relationship of trust and dependence existed between the two parties.
Exercise of undue influence
Undue influence is when the alleged influencer uses their power or authority to manipulate the testator’s decisions or actions. This can include emotional manipulation, threats or coercion. The tragic result of such behavior is taking control of the testator’s behavior.
Suspicious circumstances
Certain circumstances can raise a presumption of undue influence in Nevada. For example, if a will gives property to a caregiver or the person who drafted the will on behalf of the testator, those transfers are often presumed void. Clear and convincing evidence is required to rebut this presumption.
Burden of proof
If the presumption of undue influence does not apply, the burden of proof lies with the person contesting the will. You must show by a preponderance of evidence that the bequests under the will were “more likely than not” the product of undue influence.
Someone who understands Nevada estate laws can help you find evidence to prove that someone unlawfully influenced your loved one’s final decisions.