One potential reason for estate litigation is undue influence. This happens when someone coerces or manipulates another person to change their will. Other beneficiaries may then challenge the will during the probate process if they believe undue influence occurred.
So what should you look for to determine if undue influence has happened? Below are a few warning signs to keep in mind.
The elderly person is dependent on a caregiver
First of all, undue influence often happens when someone abuses a position of power over an elderly person. If a beneficiary is also acting as a caregiver, for example, this gives them an opportunity to use undue influence by threatening to withhold that care if they don’t get what they want.
They make sudden changes
Another red flag is when there are sudden changes that seem outside of the norm. Perhaps a person wrote their estate plan 10 years ago and seldom updates it. They just make minor changes as necessary, such as if a grandchild is born. Then, just months before they pass away, they suddenly make massive changes to the estate plan.
Those changes benefit one individual
The largest red flag is when one person stands to gain significantly from the alterations. Say that two siblings are supposed to split an inheritance of $1 million. If the sudden changes say that one sibling will now receive $900,000, the other sibling may claim that they used undue influence to get their elderly parents to make that change.
This type of litigation can be complex and difficult to prove, so it’s important for all involved to understand what legal steps to take.