Beneficiaries to an estate may allege that the documents inside that estate are not valid for a number of reasons, including claims of undue influence. Anyone who names any of these probate issues must be prepared to provide evidence of undue influence and it can be one of the most challenging types of trust or estate litigation. In many cases of undue influence, the person may have updated their estate plan documents such as a will to reflect different interests than their original intentions.
It is common for people in elder years to be under the care of a caregiver or a family member who becomes very close to that individual. If the will is changed during this time to favor that caregiver or family member, other loved ones may find this questionable. If the gift in the will decreases the inheritance to someone else or seems unnecessarily generous, it could be the fact that the caregiver or family member put too much influence or pressure on the creator of the will to get them to update their estate planning documents.
For example, if someone was set to receive a small amount prior to stepping in as caregiver but is now getting the bulk of the estate, other beneficiaries may question if this was the real intention of the will creator.
It can be very difficult to litigate undue influence claims, but it is also one of the most common types of probate litigation. By working directly with a Pasadena estate planning lawyer, you can accomplish many of your individual estate planning goals and limit possibilities for people to claim undue influence or other problems with your estate. Contact our office today to learn more.
