Estate planning helps ensure assets go to the right people. However, some individuals take advantage of others to change wills or trusts unfairly.
The law refers to this action as “undue influence,” and it often happens when someone pressures an elderly or sick person for personal gain. Watching for signs of undue influence helps families protect their loved ones’ wishes.
Red flags of undue influence
Undue influence often happens behind closed doors. One major warning sign is sudden changes to a will or trust, especially if it benefits one person more than expected. If someone isolates the individual from family and friends, they may be trying to control their decisions. Another red flag is if the person making the will seems confused or fearful when discussing their estate.
Suspicious financial transactions, such as large gifts or sudden changes to bank accounts, can also indicate a problem. Such fraud costs families over $3 billion annually. If the person making the will is dependent on someone for daily care, they may feel pressured to agree to changes they don’t fully understand.
Prevention strategies to protect estate plans
To prevent undue influence, it helps to discuss estate plans openly with trusted family members. Keeping multiple people informed reduces the chance of secrecy and manipulation. Regularly reviewing and updating estate plans while the individual is still in good health can also prevent unfair last-minute changes.
Encouraging independent decision-making is another way to avoid undue influence. The person creating a will or trust should feel free to express their wishes without interference. They should also keep personal and financial documents secure to prevent unauthorized changes.
Watching for signs of pressure or manipulation can help protect vulnerable individuals. If family members notice unusual behavior, they should take a closer look at the situation. Estate planning should always reflect the true wishes of the person making the plan.