The consequences of undue influence can be devastating, potentially tearing families apart, invalidating wills, and leading to costly probate disputes. This often occurs when vulnerable individuals, such as the elderly or ill loved ones, are pressured into decisions that do not reflect their true wishes. If you suspect undue influence in a will or estate plan, an experienced NYC elder law attorney can help protect your rights and ensure fairness.
How Undue Influence Affects Wills and Trusts
Undue influence in estate planning occurs when a trusted individual—such as a caregiver, family member, or close friend—manipulates an elderly or vulnerable person into altering their will or trust in a way that does not reflect their true intentions.
Unfortunately, our loved ones become old, become ill, and become vulnerable from fraud and theft. Targeted attacks on vulnerable older people to exert what attorneys deem “undue influence” constitutes elder abuse. It disrupts the older persons’ impulse to provide for loved ones and instead leaves assets to the manipulator. Often, family members do not find out about a change in estate plan until after their loved one has died. Most often, a manipulator will seek to keep last-minute changes of inheritance quiet.
If you believe undue influence was at play regarding the will of your deceased love one, you can take your suspicions to probate court. Proving undue influence can prompt the probate judge to rule that the will and other estate planning documents are invalid. Contesting undue influence is allowable even if there is no regular probate court proceeding to probate the will and distribute estate assets.
Major indicators of undue influence are:
- Significant, unexplained changes in the will, such as excluding close family members.
- A dependent relationship between the individual and the influencer.
- The individual shows signs of frailty, illness, or cognitive decline.
- Evidence that the influencer has benefited disproportionately from these changes.
Undue influence can invalidate legal documents such as contracts, wills, or trusts, and such documents become entirely unenforceable. The courts, if given sufficient proof, can invalidate such documents to ensure fairness and justice and honor the original wish of the testator.
Legal Remedies for Victims of Undue Influence
If you suspect undue influence in an estate plan, it’s essential to take legal action promptly. Speaking with a probate lawyer can help you understand your options and protect your loved one’s true intentions.
Some of the official steps that can be taken are as follows:
- Contesting a Will in Probate Court: If you change the will, it might not work anymore. There is proof that can be given by doctors, lawyers, and close family members.
- Conducting a Legal Investigation: Looking into the connection between the author and the person can provide important proof for a legal case.
- Voiding the Affected Legal Documents: Courts can void wills, trusts, or contracts created under undue influence, ensuring fair estate distribution based on earlier documents or New York’s intestacy laws.
It’s important to act promptly, as legal disputes over undue influence can take time and require substantial evidence to prove. The advice of a skilled probate lawyer is vital since every situation is different.
A probate judge will look for a claimant to prove that the will either
- Leaves property in an unexpected manner, cutting out close family members in favor of others without an obvious explanation before their death
- The will-maker may have been particularly trusting of, or dependent on, the influencer, sometimes referred to as a confidential relationship
- Frailty, illness, or fear of abandonment make the will-maker susceptible to undue influence
- The confidential relationship influencer took outright advantage of the will-maker and directly benefited by substituting a will of their choosing and not the will-makers.
Undue influence is not the same as meddling or offering unsolicited advice or opinions to an aging family member. As long as a will-maker is mentally and physically independent, they can follow or disregard opinion and advice as they choose. The situation changes when physical frailty or cognitive decline can leave a will-maker susceptible to undue influence. As an example, out of need, an older person might welcome a cousin into their home to provide them care. That older person’s children may have suspicions about the cousin’s motivation or begin to experience estrangement from their loved parent. In this event, direct conversations with the will-maker and their permission to confirm through their attorney that the will and estate documents have not changed may be necessary.
Proving undue influence in probate court will require testimony from people who knew the will-maker well, such as medical doctors and health care providers, caregivers, lawyers, and other advisers, as well as family members. These individuals then testify about what they know regarding the relationship between the deceased individual and the person being accused of exerting undue influence.
Because probate courts try to adhere to the last “voice” of the decedent, the best and least expensive way to prevent undue influence is to have an open discussion with your loved one or aging parent. Discuss their estate planning and its impact on all generations in the family well in advance of them becoming vulnerable. According to a survey by Caring.com, only 45 percent of adult children discuss what their parents’ plans are for when they need care. And only 30 percent discuss who will pay for and manage their care. Even during the COVID-19 pandemic, only a small percentage of Americans have the proper estate planning documentation. Acting now to prevent potential abuse is vastly preferable to introducing allegations of undue influence in probate court.
If your loved one is already having difficulty making rational decisions, including estate planning options, for their well-being, seek a guardianship or conservatorship through the courts. Appointing a trusted person will ensure the respect of a loved one’s wishes and prevent undue influence. If they are capable, review existing estate plans and share feelings openly. If no plan exists, encourage your parents to contact an elder law attorney and discuss the need for a will, trust, or both. Understanding and helping loved ones with aging preparations should be a family priority, and open discussion can prevent undue influence.
How to Protect Your Estate from Undue Influence
Protecting your estate from undue influence is far easier than addressing the fallout after it occurs. Here are key strategies to ensure your intentions are honored:
Establish a Valid Estate Plan Early
Creating a well-defined, legally sound estate plan while you’re in good health is one of the most effective ways to safeguard your assets. As noted by the New York City Bar Association, wills can be contested on the grounds of undue influence if not properly executed.
Foster Open Family Communication
Disagreements can result from miscommunication. Openly discussing estate planning with trusted family members reduces uncertainty and unfair influence. Future confrontations can be avoided with transparency.
Appoint a Trustworthy Executor or Trustee
Select a reliable individual to manage your estate, whether it’s a family member or an impartial professional fiduciary. This person should act in your best interests and fulfill your wishes with integrity.
Consult an Experienced Elder Law Attorney
A lawyer specializing in elder law and preparing estates can help you greatly. These people can help you develop a complete plan and find and fix any gaps that could be used against you by bad people.
Review and Update Your Estate Plan Regularly
Your estate plan should adapt as your life does. Regularly updating and checking in keeps your objectives current, transparent, and loyal to your desires.
Promote Ethical Caregiving Practices
If you or someone you care about needs help, be honest and polite with them by setting clear rules and limits. Being honest about your values could help you avoid arguments and their negative effects.
By doing these things now, you can protect your heritage and have peace of mind, making it less likely that there will be arguments or tricks in the future.
Consult with an Attorney to Safeguard Your Estate Plan
If you’re worried about the consequences of undue influence on a loved one’s estate—or want to safeguard your own—now is the time to take action. Our experienced NYC elder law attorneys are here to guide you through the legal process and ensure your estate plan reflects your true wishes.
Contact the Miller & Miller Law Group PLLC team today at (718) 875-2191 or visit our office at 365 Bridge Street, Suite 7 Pro, Brooklyn, NY, 11201, for a consultation.
