When we think of vulnerability, we often picture frailty or dependence. Yet, undue influence can affect anyone, regardless of age, strength or social standing. It preys on trust, affection and sometimes fear, subtly manipulating decisions in ways we might not recognize until it is too late.
Undue influence can affect even the strongest in your family
Undue influence happens when someone uses unfair or excessive persuasion on another person, causing them to make decisions they would not normally make. This manipulation can happen to anyone, but certain groups are more vulnerable:
- Elderly individuals
- People with cognitive impairments
- Those experiencing emotional distress
- Individuals isolated from family and friends
- Persons dependent on others for care or support
Contrary to popular belief, undue influence does not only target the wealthy or frail. It can affect people of all backgrounds and circumstances. A charismatic friend, a persuasive caregiver or a family member might exploit someone’s trust to gain control over their assets or decisions.
Undue influence does not always involve outright threats or coercion. Sometimes, it can be as subtle as isolating the victim or gradually gaining control over their financial affairs. This subtlety makes it challenging for family members to recognize and address the issue before it is too late.
You have legal avenues to pursue against undue influence
Florida law recognizes the serious nature of undue influence, especially in estate planning. If evidence of undue influence exists, courts allow for the contest of wills and trusts. Courts look into various factors, including the victim’s vulnerability, the influencer’s apparent authority, the tactics used and the equity of the result.
You have legal options if you suspect undue influence in your family’s estate matters. In Florida, it is a legitimate basis for contesting wills and trusts.
Time is of the essence, as there are strict deadlines for filing such challenges. It is best to work with an estate litigation attorney as soon as possible.