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Signs of undue influence in your loved one’s estate plan

On Behalf of | Jul 19, 2024 | Estate Planning |

When a loved one creates an estate plan, it should reflect their true wishes. Unfortunately, sometimes others may exert undue influence, manipulating the process to benefit themselves. Recognizing signs of undue influence can help you protect your loved one’s intentions.

Changes in the estate plan

One of the most obvious signs of undue influence is sudden or unexpected changes in the estate plan or will. Watch out for unexplained removal of long-standing beneficiaries. Significant increases in gifts to a particular individual are another red flag. Naming a new executor without a clear, justified reason may be another sign.

Isolation from family and friends

Isolation is a common tactic used by those exerting undue influence. They might limit your loved one’s contact with other family members and friends. Pay close attention if you notice your loved one becoming increasingly isolated. It could indicate that someone is trying to manipulate them.

Dependency on one individual

If your loved one becomes overly dependent on one person for their daily needs, this could be a cause for concern. The influencer might take advantage of this reliance, swaying decisions in their favor.

Uncharacteristic behavior

Pay attention to any uncharacteristic behavior in your loved one. This might include sudden distrust of long-time family members or advisors. Look out for unexplained anxiety or making decisions that seem out of character. These changes can signal that someone is pressuring them.

Secrecy around financial matters

Increased secrecy about financial matters and the estate plan can also be a warning sign. Take note if your loved one becomes unwilling to discuss plans with trusted advisors. This might indicate that someone is trying to secretly influence their decisions.

Legal and financial red flags

There are specific legal and financial signs that might indicate undue influence. For example, pay attention to large or frequent gifts to one person. This is particularly important if they weren’t previously close to your loved one. It is also important to look for unusual financial transactions, such as unusual changes in banking patterns.

Additionally, don’t hesitate to scrutinize new legal documents or amendments that favor one person disproportionately.

Safeguarding your loved one’s legacy

Staying vigilant and proactive will help ensure everyone respects your loved one’s wishes. Foster open and honest communication within the family. This can help create an environment where undue influence is less likely to take root. Be ready to act if you do presume undue influence.  Encourage your loved one to seek legal advice for their estate plan. Involving multiple family members in estate plan discussions can also protect against manipulation.

Protecting your loved one’s legacy involves more than just financial assets. It also means preserving their values, wishes, and relationships. Taking these steps will honor their memory and safeguards their true intentions. 

FindLaw Network
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