• 13
  • May
    2010

Last time, I blogged about how unscrupulous people prey on elderly victims in order to steal property that should go to the victims' rightful heirs. (I've been talking about elderly people, because they are most frequently targeted, but this discussion applies to people of any age. Anyone who has something that other people want can become a victim of fraud and undue influence!)

So let's say you are in line to inherit from someone, but then find that the will has been changed to give a large amount of the estate - maybe all of it! - to someone else. You suspect undue influence, but what are the signs?

Maybe more to the point: what are the signs that will convince a court that there was undue influence? 

Here are the types of things a judge will be looking for as signs of undue influence:

  • The new donee's level of involvement in the donor's affairs. Did the new donee take over the donor's checking account? Were they involved in changing the donor's attorney, doctor, or accountant? The more involvement, the more suspicious it looks.
  • The new donee's level of involvement in the gift in question. Did the new donee ask for the transfer? (That's a giveaway!) Did they drive the donor to the bank or the attorney's office to make the transfer?
  • The relationship of the new donee to the donor, as compared to the normally expected heirs. In other words, why is this person getting the money, and not the donor's family, friends, etc.? If the donor doesn't have a good relationship with their relatives, then it's not so suspicious. If they have a good relationship, it looks suspicious for the family to be suddenly cut out of the will.
  • Was the transfer done secretly or openly?
  • Was this a big change from a longstanding estate plan?
  • How was the physical and mental health of the donor at the time of the transfer?

These are not all the factors that may be considered, but they're a pretty good road map. As always, it is best to discuss your specific case with an attorney who has experience with contested wills.