Protecting Loved Ones from Undue Influence
As people age or face serious illness, they can become vulnerable to manipulation by those seeking to defraud or exploit them. When someone pressures or deceives an older person into changing their estate plan, attorneys call it “undue influence.” This is a serious form of elder abuse.
Undue influence can override a person’s natural desire to provide for family, leaving assets to the manipulator instead. Unfortunately, families often don’t discover changes to a loved one’s will until after their passing. Manipulators typically work in secret, keeping last-minute changes quiet.
Contesting Undue Influence in Probate Court
If you suspect that undue influence affected your loved one’s will, you can bring your concerns to probate court. A judge can rule the will — or other estate planning documents — invalid if undue influence is proven.
Even if there is no active probate case, you can still file a claim to challenge the will and stop the wrongful distribution of assets.
What Judges Look For
A probate judge will examine the situation to see if:
-
The will unexpectedly disinherits close family members or benefits someone without a clear reason.
-
The will-maker was dependent on, or unusually trusting of, the influencer (often called a “confidential relationship”).
-
Illness, frailty, fear, or isolation made the will-maker susceptible to manipulation.
-
The influencer took advantage of the situation and directly benefited, effectively substituting their own wishes for the will-maker’s.
Undue influence is more than offering advice or sharing opinions. As long as a person is mentally and physically independent, they are free to follow or ignore input from others. The risk arises when physical or cognitive decline leaves them unable to make independent choices.
For example, an older parent may allow a relative to move in to provide care. If this coincides with estrangement from the parent’s children, the family may need to have direct conversations with the parent — and, with permission, confirm through their attorney that no secret changes have been made to the estate plan.
Proving Undue Influence
Successfully proving undue influence often requires testimony from:
-
Doctors and health care providers
-
Caregivers
-
Attorneys and financial advisers
-
Family members and close friends
Their statements can help the court understand the relationship between the deceased and the accused influencer.
Prevention Is the Best Protection
Because probate courts try to honor the deceased person’s last wishes, preventing undue influence is far easier — and less expensive — than contesting it later.
Start by having open conversations with aging parents or loved ones about their estate plan. Discuss who will manage their care, how assets will be distributed, and what steps they want taken if they become ill or incapacitated.
Unfortunately, according to a Caring.com survey, only 45% of adult children discuss their parents’ long-term care plans, and just 30% talk about who will handle the finances. These conversations can prevent disputes, reduce the risk of exploitation, and ensure the family honors the loved one’s wishes.
Taking Action
If your loved one is already struggling to make sound decisions, it may be time to seek guardianship or conservatorship. This legal process allows the court to appoint a trusted person to protect their interests and prevent financial abuse.
If they are still capable, review existing estate planning documents together. If no plan is in place, encourage them to meet with an elder law attorney to create a will or trust.
We Can Help
If you suspect that a loved one has been — or is currently being — manipulated, we can help. We offer confidential consultations to discuss your options and protect your loved one’s legacy.
📞 Call us today at (207) 848-5600 to schedule a private consultation.
