One potential reason for a probate dispute is if there are accusations of undue influence. This means that someone influenced an elderly person to alter their estate plan in a specific way, typically to that individual’s benefit. Other beneficiaries may challenge these alterations on the grounds that they were just a result of manipulation and that they did not truly reflect what that elderly person actually wanted.
In many cases, power dynamics play a significant role. The person who is committing the alleged undue influence may be in a position of power, while the elderly person is a relatively vulnerable individual. This may mean that they are being exploited for financial reasons.
How could this happen?
There are many different ways that this can happen, with one example being when an individual is acting as a caretaker for the elderly person. They may help them remember to take medication or perform daily tasks around the house. As a result, they could threaten to withhold this care if their proposed changes to the estate plan are not made, meaning that they are manipulating the outcome.
Additionally, the elderly person could be suffering from some sort of ailment that makes manipulation easier. Perhaps they have dementia or Alzheimer’s, so they struggle with memories or recognizing exactly what is happening around them. A person close to them uses this as an opportunity to tell lies about other beneficiaries, tricking the elderly person into removing those people from the estate plan. In this case, the vulnerability of the elderly person, due to their declining mental state, leaves them open to manipulation.
These are just two examples to show how undue influence happens and what types of red flags to look for. When probate disputes do arise, those involved must know what legal steps to take.
