How to Prove Someone Took Advantage of Your Loved One

If you are in a situation where the contents of a will or trust seems suspicious, you may wonder if someone manipulated your loved one into changing their estate plan or if they were pressured when they were vulnerable or ill. These concerns may point to a legal issue known as undue influence, a serious accusation that can invalidate a will or trust.

Should you be in one of these situations, understanding what undue influence is and how it’s proven is key. Connect with a Pompano Beach estate litigation lawyer to discuss possible paths forward.

Undue Influence Is Not Always Obvious

In Florida, undue influence occurs when someone uses excessive pressure to overpower the free will of the person creating the will or trust, resulting in an estate plan that benefits the influencer unfairly. This often happens when the testator is in a weakened physical or mental state, making them more susceptible to manipulation.

Undue influence is not always an aggressive action, it can be subtle, even disguised as caregiving or affection. But when proven, it can result in a court throwing out the affected estate documents.

There are several warning signs that may suggest someone exerted undue influence over a loved one:

• A sudden, unexpected change in a Will or Trust, especially shortly before death
• Isolation of the testator from family and longtime friends
• The influencer being heavily involved in the testator’s finances or legal matters
• Unequal treatment of children or family members without clear justification
• The influencer being present when the Will was drafted or signed
• Exclusion of other family members from estate planning conversations

While these signs don’t automatically prove wrongdoing, they often warrant further investigation.

Estate litigation courts have seen numerous cases involving undue influence. One common scenario involves a caregiver or new romantic partner who becomes the primary beneficiary in a revised will, leaving out children or longtime friends. Another involves a relative who moved in with the elderly person, limited their contact with others, and persuaded them to transfer property or add their name to accounts.

In many of these cases, the court must consider whether the changes were a true reflection of the deceased’s wishes or the result of manipulation.

How Attorneys Build an Undue Influence Case

Proving undue influence isn’t easy,  it requires building a strong case through both direct and circumstantial evidence. Florida law allows a presumption of undue influence if certain factors are met. This includes that the alleged influencer had a confidential relationship with the testator, was active in procuring the will, and benefited substantially from it.

Pompano Beach estate litigation lawyers often gather witness statements and review medical records to assess the testator’s mental capacity. They may also examine email, text, and phone communications as well as investigate the influencer’s involvement in drafting estate documents. Doing so can bring the truth to light.

Is it time for you to contest a Will or Trust? The attorneys at Mark R. Manceri, P.A. can evaluate your case, uncover the facts, and help ensure justice is served. Schedule a confidential consultation today.