Wills are often taken to court due to allegations of undue influence or manipulation. This occurs when someone pressures or manipulates a person into altering their final decisions on asset distribution. If you are a family member or beneficiary, it is important to know the warning signs of manipulated or influenced wills.
At Simplifying Probate, trust and probate litigation lawyers in Las Vegas will help you protect yourself and your loved one’s legacy.
Call (702) 800-8354 today to schedule a no-obligation consultation.
What Is Undue Influence?
Undue influence is when an outside party manipulates or coerces someone to change their will. This change is done against the person’s wishes, but is legally binding, unless it is contested with a solid, compelling case. Proving undue influence can be difficult, but possible, even if you do not have any actual evidence. Here are some warning signs to look out for.
Conflicting Documents and Discrepancies
When a person’s last will and testament directly contradicts years of stated intentions or even legal documents regarding how they wish their legacy to be, this can raise suspicions among beneficiaries.
An example could be if a parent consistently stated that they wished their assets divided equally among their children, but revised a will towards the end of their life to go solely to a caregiver. A radical shift like this could be a change of heart against children who were not attentive to their parents in their last years of life, or it could be a sign that the sole inheritor could have manipulated them into believing they had no other choice.
Sudden Changes to a Will Without Obvious Cause
If your loved one suddenly updates their will prior to passing away, this may be a cause for concern. Some changes, like the birth of a grandchild or the passing of another family member, may cause an update to a will to be necessary. However, if the timing seems out of the ordinary and without an obvious cause, undue influence could have played a role.
Knowing how often your loved one updated their will is an important facet of this. Many people go years or even decades without an update to their will. If a massive change happens in their last update, this may be a red flag for undue influence.
Contact a will and trust contest attorney in Las Vegas today if a sudden change in a loved one’s will has become a cause for concern.
Sole Individuals or Caregivers Who Inherit Everything
One common warning sign is when a person has stated or previously had a will distributing assets to multiple family members and then suddenly changes their will to distribute assets to one sole individual. Caregivers especially may be in the position to use threats to withhold necessary help if they are not named as a primary beneficiary.
What to Do If You Suspect Undue Influence
If you suspect that your loved one may have been manipulated into changing their will, speaking with an experienced lawyer can help you determine your legal rights. Often even circumstantial evidence may be used to show manipulation or coercion. Medical experts may be brought into estate litigation to testify regarding susceptibility to indue influence. Legal advice can help make sure your case is presented persuasively and with proper detail.
Contact the firm today online to pursue financial compensation.