Losing a close family member is a heartbreaking experience. Your grief is compounded when you discover that their estate plan has undergone some changes.
Your loved one’s estate plan should accurately reflect their true wishes regarding the distribution of their property after they pass away. But were those wishes really their own, or did someone else exert pressure or manipulate them?
Common signs of undue influence
Undue influence occurs when someone coerces or manipulates a person into changing their estate plan in a way that benefits the manipulator. It undermines the victim’s autonomy in the estate planning process, and if proven, the will or trust may be declared invalid.
Undue influence typically happens behind closed doors, away from prying eyes and concerned family members. Therefore, proving it can be a challenge. However, there are certain indicators that undue influence played a role in creating the estate plan, such as:
- The victim was isolated from friends and family.
- There were unusual changes to the estate plan, such as disinheriting close relatives in favor of a new friend or caregiver.
- The changes to the estate plan were made without the usual advisors present.
- The victim was susceptible due to advanced age, illness or cognitive decline. Therefore, they were dependent on others for their daily needs.
- The influencer had control over the victim’s finances, legal documents, communication or transportation.
- There was secrecy surrounding the will or trust.
Only “interested parties” can contest a will in Florida, such as heirs at law and beneficiaries of a prior will. When a will or trust is challenged, the court will likely examine:
- The capability and susceptibility of the person making the estate plan
- If the alleged influencer had the opportunity to exert pressure
- How the influencer benefits from the changes in the estate plan
Your loved one’s estate plan should reflect their final wishes and no one else’s. If you are an interested party and suspect undue influence, it would be wise to reach out to a legal professional to discuss your options.