Undue Influence Is Not Always an Aggressive Action

When people think of undue influence in the context of estate planning, they often imagine a dramatic scene, such as someone threatening or manipulating an elderly vulnerable person. While these situations do occur, the reality is that undue influence can be far more subtle. This is often true in cases where aging individuals rely heavily on caregivers, companions, or close family members.

In fact, undue influence is often disguised as affection or concern, making it harder to recognize and even more difficult to prove without legal support. When concerned about the circumstances surrounding a will or trust, talking to a Pompano Beach estate litigation lawyer is key to protecting your loved one’s legacy and ensuring that their true intentions are honored.

Subtle Forms of Undue Influence

Undue influence happens when someone uses their relationship with another person to pressure or manipulate them into making decisions they wouldn’t otherwise make, usually to the influencer’s financial benefit. This often involves elderly individuals who may be physically frail, emotionally dependent, or cognitively impaired.

For example, a seemingly devoted caregiver may slowly isolate an aging parent from the rest of the family while building trust and dependence. Over time, the caregiver might suggest changing the will, encouraging the individual to leave them a larger share of the estate in appreciation for all the work the caregiver has provided. While this might appear caring on the surface, it can be a calculated move to gain control of assets.

In other cases, an adult child may pressure a parent to add them to bank accounts, sign over property, or rewrite estate documents in their favor. These changes might not involve yelling or threats. It could be just a series of conversations over time, with the influencer repeatedly emphasizing their sacrifices or the unreliability of other family members. However, proving undue influence against a spouse is particularly difficult.

What to Watch For and Legal Support

Some common signs of undue influence include a sudden change in estate plans and isolation of the elderly individual from friends and other family members. It is also important to take note if there is unusual secrecy around legal decisions or if the person making the decisions appears confused or unsure about the changes.

Because undue influence is not always dramatic, proving it in court requires careful documentation and a deep understanding of Florida probate law. An experienced Pompano Beach estate litigation lawyer can help you gather evidence, evaluate the validity of legal documents, and determine whether a will or trust was truly the product of the decedent’s free will.

Undue influence isn’t always obvious, but its effects can be devastating. If you suspect that a loved one was pressured or manipulated into changing their estate plan, you should not ignore your instincts. A skilled attorney can guide you through your legal options, including talking to you about paths for pursuing other justice.

Do you want to learn more about how to build a strong undue influence case? Have a conversation with the estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation to learn more.