Undue influence can be a problem when it comes to estate administration. The estate executor may read the will and feel like it heavily favors one individual. Maybe there have been last-minute changes that allot a significant portion of the estate to that person. The executor may wonder if they used undue influence to get the elderly person to make last-minute alterations to their estate plan.
In some cases, this can lead to estate disputes, so it’s good to know when undue influence may occur and what it could look like. Every situation is unique, of course, but here are two potential examples.
Lies and manipulation
In some cases, undue influence will just be based on false information. For instance, one sibling may live near an elderly parent and visit more often than the other siblings. They could begin making up stories about how the rest of the family doesn’t want to come visit or doesn’t care about the elderly person. They’re trying to make it look like they are the only one who cares so that they can convince that person to give them a larger percentage of the estate.
Threatening to withhold care
Often, this person will also be a caregiver for the elderly person. Undue influence, then, can happen if they threaten to withhold the care they’ve been providing. Maybe they demand 75% of the financial assets in the estate, and they refuse to provide daily assistance or in-home care until they get it. The elderly person may be able to live at home with assistance but not on their own, so they feel like they have no choice but to make the changes to the estate plan.
When disputes arise, those involved must be well aware of their legal options. These situations can get very complex.