Key Takeaways:
- Undue influence occurs when someone manipulates or coerces another person into making decisions that benefit the influencer.
- This type of manipulation often occurs in estate planning, especially with vulnerable individuals.
- Recognizing the signs of undue influence is crucial for protecting yourself and your loved ones.
- Contesting undue influence requires strong evidence and legal expertise.
- An experienced estate litigation attorney can help you navigate the complexities of these cases.
Elderly people are all too often preyed upon in their later years. Family members or caregivers can pressure an aging person to change their will or transfer their estate before they die. This can cause immense shock among relatives who expected to be beneficiaries upon the elderly person’s passing — and it may be justification for a lawsuit.
Undue influence is a type of manipulation that often occurs in estate planning, harming elderly people and their loved ones who are the rightful inheritors of their estate.
If you believe that an elderly loved one was the victim of undue influence, you will need to build a case with strong evidence to
What is Undue Influence?
South Dakota legislature defines undue influence as taking “grossly oppressive and unfair advantage” of a person’s necessities or vulnerabilities (Codified Law 53-4-7). As the American Bar Association explains, undue influence is often spotted by family members, caregivers, community members, hospital nurses, and Adult Protective Services staff.
Many community professionals witness scenarios where they believe an elderly person is being manipulated, and families feel helpless in how to intervene. These elders are often scammed out of their money and left penniless, or they are convinced to sign over their assets to another person.
Undue influence is a crime in South Dakota, punishable by fines or jail time depending on the severity of the case. Only an attorney can let you know whether you have a viable case. Most of the time, undue influence is the primary argument in probate court when family members contest a will.
Recognizing Red Flags
If you are concerned about undue influence in your loved one’s life, there are several signs of undue influence to watch for:
- Sudden and inexplicable changes in estate-planning documents
- Withdrawal or isolation from family and friends
- Inexplicable changes in behavior or personality
- Unusual gifts or financial transactions benefitting the influencer
- The influencer playing an active involvement in the estate-planning process
- The influencer asking unusual direct or indirect questions about the vulnerable person’s estate or will
- The influencer showing an unusual and unjustified interest in the vulnerable person’s affairs and finances
Steps to Take if You Suspect Undue Influence
You may be tempted to intervene, but this can often result in the vulnerable person withdrawing and denying any sort of manipulation is taking place. People who are being scammed or conned usually do not know, and if they do have their own suspicions, they may still be hesitant to admit it due to shame or embarrassment.
Elderly people are often victims of undue influence from people they are close to, such as caregivers. Therefore, they are more likely to come to the influencer’s defense than believe allegations against them.
To build a case against the person you believe is exerting undue influence, you can:
- Gather Evidence: Gather anything that you feel may support the claim of undue influence, including medical records that illustrate the elderly person’s deteriorating health or cognitive state, financial transactions, and eyewitness reports. Be mindful of your own rights to collect evidence, and avoid any deceitful or illegal activity, such as accessing someone’s bank account without their consent or removing documents from their home without their permission.
- Consult with an Attorney: Consult with an attorney who can help you recognize the warning signs and collect evidence legally.
- Consider Alternative Dispute Resolution: In some cases, issues with inheritance can be resolved through mediation or arbitration outside of court. Mediation involves having an unbiased third-party negotiate an agreement between the defendant and plaintiff; arbitration uses a professional, often an attorney, to act as a private judge and determine the outcome of the case.
Contesting Undue Influence in Court
If you believe that a will has been wrongly altered due to undue influence, you will need to be able to prove this in probate court. Contesting a will can be difficult, and it can be particularly challenging to prove that someone exerted undue influence on a benefactor before their passing.
The person contesting the will has the burden of proof to submit evidence that supports their claim. Expert witnesses, such as medical professionals or forensic accountants, may help build a strong case in court.
Demonstrating the benefactor’s vulnerability is a key element of winning an undue influence case. Medical records, such as those revealing cognitive impairments or diagnosis such as Alzheimer’s, can help. Furthermore, you may submit testimonies from relatives and caregivers who knew the benefactor and can attest to changes in their state of mind or altered behavior before their passing.
The goal of the case strategy is to highlight how the influencer exerted undue influence over the individual. For example, did they drive them to and from meetings with their estate lawyer, or did they often direct the attorney or individual? Even seemingly innocuous actions like this could be supportive evidence.
Hiring an attorney is the best way to build a case and ensure that you have the greatest chance of success in court. They may also be able to help you take preventative action and intervene while an elderly person is still alive.
Protecting Yourself and Your Loved Ones
Stay connected with your loved ones, and know their vulnerabilities. If they have a progressive disease like dementia or Alzheimer’s, work with a lawyer to help them plan their estate while they are capable of doing so. They could appoint the lawyer as the estate’s trustee to ensure that it is managed properly and not able to be easily changed by an outside party.
Having a neutral third-party, such as an attorney or trust company, manage financial affairs is also a good way to prevent undue influence. This can protect you or your loved ones as you age.
When it comes to discussing wills with your loved one, be open about their wishes so you fully understand how they want their estate handled. This information should be documented in writing and incorporated into their estate-planning documents.
Conclusion
Undue influence can rob families and inheritors from money that they were meant to have. Influencers can take advantage of elderly people, especially those with cognitive decline, ultimately convincing them to make decisions they would never have made on their own.
If you are fearful your loved one was a victim or you are seeking to contest a will, contact Alvine Law Firm in Sioux Falls, SD. Our experienced attorneys are here to answer your questions and help you protect your loved one’s estate.
Resources
- Avoiding Undue Influence by Caregivers of Older Adults – Maryland Volunteer Lawyers Service
- Avoiding ‘Undue Influence’ When Helping Parents With Estate Plans – AARP
Sources