Examples of Undue Influence During Probate in Palm Beach County

Undue influence is an issue that families need to be aware of. This problem could be particularly challenging for families going through probate in Palm Beach County. Those building their estate plans for the first time also need to be wary of undue influence, as it might serve as an excuse for people to challenge their Wills. But what exactly is undue influence? What are some examples of this misconduct?

 Threats and Ultimatums 

A clear example of undue influence is some kind of threat or ultimatum. A family member might tell a testator that unless they make certain changes to their Will, they’ll never speak to them again. They might also threaten to stop acting as a caregiver or delivering meals. Some threats can become much more dangerous, even verging on criminal misconduct.

An ultimatum is similar to a threat but with less violent undertones. For example, someone might tell an elderly family member that unless they disinherit a child, they’ll never invite them over for Christmas dinner again. Under certain circumstances, this conduct may fall into the category of “undue influence.”

 Psychological Abuse 

Various forms of psychological abuse may also constitute undue influence. A family member might make a testator feel guilty about their Will, pressuring them to the point where they feel that they have no choice but to edit the document. Emotional abuse might also include incessant harassment, name-calling or insults.

Trickery and Manipulation

Some people resort to blatant trickery and manipulation when trying to convince testators to change their Wills. For example, someone might claim that their child has been diagnosed with a mental disorder. They might use this lie to convince the testator to leave behind considerable sums for the child’s treatment.

Some family members might also lie to testators in order to obtain their signatures. For example, they might tell the family member that they need to sign a document to keep a utility company from shutting off their electricity. In reality, this signature might allow for a revised Will.

 Enforced Isolation 

Isolation can be a powerful strategy for those who wish to subject people to undue influence. A caregiver might move in with the testator and prevent them from seeing any friends and family. When someone attempts to see the testator, the caregiver might claim that they are too sick or frail to accept visitors. This isolation may allow the caregiver to continuously influence the testator to the point where Will revisions become easy.

 Can an Estate Planning Lawyer in Palm Beach County Help? 

An estate planning lawyer in Palm Beach County may be able to address issues related to undue influence. If you believe your loved one was subjected to undue influence before their passing, you may be able to challenge the validity of their Will. If you’re creating an estate plan for the first time, a lawyer could help you avoid these challenges in the future. Speak with Kitroser Lewis & Mighdoll to learn more.

Sources 

flsenate.gov/Laws/Statutes/2011/733.107

law.cornell.edu/wex/undue_influence