When individuals, including their family members, become quite elderly or ill, they are also more susceptible to manipulation from those who will defraud or steal from them. Attacks on vulnerable older people to exert so-called “undue influence” are considered elder abuse. It interferes with an older person’s impulse to care 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. Manipulators often hide last-minute changes of inheritance from their victims.
If you believe undue influence was at play regarding the will of your deceased loved 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.
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 different from 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 with 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 know 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.
When you are ready to take the next step, contact our Chicago area offices by calling 312-878-0155. We have three convenient locations to assist you.