Addressing Contested Estates Caused by Undue Influence

 Posted on June 16, 2023 in Estate Planning and Probate

When a loved one passes away, the last thing you want to deal with is a contested estate. Unfortunately, these disputes can arise for many reasons, including when there are allegations of undue influence. Undue influence occurs when someone uses their position of power or trust to manipulate the testato–the person making the wil–into making decisions that do not reflect their true wishes. Undue influence can be a significant factor in contested estates and a major source of contention. If you believe undue influence was a factor when your loved one made their will, contact an estate planning attorney to learn about your options. 

What You Need to Know About Undue Influence

Undue influence can take various forms. For example, a caregiver responsible for an older person’s daily care may use their position to influence the person’s decisions about their estate. They may encourage the person to leave them a larger share of the estate than other family members. Other examples of undue influence include threats or coercion, lies or deception, or taking advantage of a person’s mental or physical weakness. 

When undue influence is suspected, it can lead to a contested estate. This means that one or more parties are challenging the validity of the will or trust. To contest an estate on the grounds of undue influence, you will need to prove that the testator was manipulated into making decisions that did not reflect their true wishes. 

Proving undue influence can be difficult, but certain factors can help support your case. For example, if the testator was in poor physical or mental health when they made the estate planning decisions, this can be evidence of vulnerability. If the person who allegedly exerted undue influence had a close relationship with the testator and stood to benefit from the estate planning decisions, this can also be evidence of wrongdoing.

If you have concerns about undue influence in a loved one’s estate, it is important to consult with an experienced estate planning attorney as soon as possible. They can help you understand your legal rights and options and can work with you to gather evidence to support your case. In some cases, resolving the dispute through mediation or other forms of alternative dispute resolution may be possible. In other cases, litigation may be necessary to protect your interests. 

Contact a Bexar County Contested Estate Attorney

Contact the knowledgeable Wilson County contested estate lawyer with Geoff Mayfield, Attorney at Law for legal assistance. Call 210-535-0870 for a free consultation. 

Source:

https://www.americanbar.org/groups/law_aging/publications/bifocal/vol_35/issue_3_feb2014/defining_undue_influence/