For a family that is already grieving, few things can create more tension than discovering a loved one’s will has changed unexpectedly before their death. Sometimes, those changes truly do reflect a person’s wishes. But, in some cases, those changes may have resulted from undue influence.
If you suspect your loved one was pressured into changing their will by a caregiver, family member or other trusted individual, it’s important to understand your legal options.
Financial exploitation for personal gain
Just because a person’s decision was unexpected or there was an unequal inheritance doesn’t automatically indicate wrongdoing. However, certain circumstances often appear in undue influence cases, such as:
- Sudden changes to a longstanding will: A major red flag is when a parent previously planned to divide their assets equally among their children, only to suddenly leave everything to one caregiver or another relative. Courts may take the situation more seriously if the change occurred while the person was seriously ill or had diminished mental or physical capacity.
- Isolation from family and friends: There are greater opportunities for undue influence when a vulnerable individual is isolated. The influencer may attempt to limit contact with others to gain greater control by blocking phone calls and visits, preventing private conversations and speaking on behalf of the individual at all times.
- Dependency on a single individual: When an elderly person relies heavily on one caregiver, the risk of undue influence can increase. When that one person provides transportation, help with daily activities and emotional support, the victim may feel pressured to reward the caregiver out of fear of losing their help and companionship.
- Unexplained disinheritance: A sudden decision to disinherit children, grandchildren and other longtime beneficiaries can raise suspicions. Individuals have the right to distribute their assets however they choose, but drastic changes may warrant further investigation.
California law aims to protect elderly and vulnerable adults. Probate courts take allegations of undue influence seriously, particularly when there is evidence that a trusted individual exploited someone who depended upon them for personal gain.
Will contests involving undue influence can be legally complex. They often require extensive investigation, witness interviews and medical evidence. A legal professional can evaluate the circumstances, explain your options and help you pursue a challenge if undue influence may have occurred.