What is Undue Influence?
Undue influence occurs when someone uses their position of power or authority to coerce another person into making decisions that are not in their best interests. In the context of trusts, this often involves pressuring a vulnerable individual, such as an elderly person or someone with cognitive impairments, into creating or amending a trust that disproportionately benefits the influencer.
What Are the Signs of Undue Influence?
Recognizing undue influence can be challenging, but there are some red flags to watch out for. These include:
- Sudden changes in the grantor’s testamentary wishes, especially if they deviate significantly from past intentions.
- Isolation of the grantor from family and friends.
- The presence of a new “friend” or caregiver who exerts excessive control over the grantor’s affairs.
How Does Trust Administration Law Address Undue Influence?
Trust administration law recognizes the vulnerability of grantors to undue influence and provides legal mechanisms to challenge trusts created under such circumstances. Proving undue influence typically requires demonstrating that the influencer exerted excessive pressure or persuasion on the grantor, overcoming the grantor’s free will.
Who Bears the Burden of Proof in Undue Influence Cases?
“The burden of proof generally lies with the party challenging the validity of the trust,” explains Ted Cook, a San Diego Trust Administration Attorney. “They must present clear and convincing evidence to demonstrate that undue influence was exerted.”
What Kind of Evidence is Used to Prove Undue Influence?
Evidence in undue influence cases can include:
- Testimony from witnesses who observed the relationship between the grantor and the influencer.
- Documents, such as emails or letters, that reveal attempts to pressure the grantor.
- Expert testimony from psychologists or gerontologists regarding the grantor’s mental capacity and susceptibility to influence.
Can a Trust Be Invalidated Due to Undue Influence?
Yes, if undue influence is proven, a court can invalidate the trust. This means that the trust assets will be distributed according to the grantor’s original wishes or intestate succession laws if no valid will exists.
I once represented a family whose elderly mother had created a trust that left her entire estate to her live-in caregiver. The family suspected undue influence, as their mother had always been close to them and expressed no desire to disinherit them. Through careful investigation and witness testimony, we were able to prove that the caregiver had isolated my client’s mother from her family and exerted undue pressure on her to change her estate plan.
The court ultimately invalidated the trust, ensuring that my client’s mother’s wishes were respected and her assets were distributed fairly among her children.
What Can Be Done to Prevent Undue Influence?
One of the best ways to prevent undue influence is to encourage open communication and transparency among family members regarding estate planning decisions. It’s also important for grantors to seek independent legal advice from a trusted attorney before signing any trust documents.
How Can You Protect Yourself From Undue Influence?
Always remember that you have the right to say no to any requests or suggestions regarding your estate plan, even if they come from someone close to you. If you feel pressured or uncomfortable about a decision, seek independent legal advice and don’t hesitate to involve trusted family members or friends in the process.
Who Is Ted Cook at Point Loma Estate Planning Law, APC.:
Point Loma Estate Planning Law, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
Map To Point Loma Estate Planning Law, APC. A Trust Administration Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9
About Point Loma Estate Planning:
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Point Loma Estate Planning Law, APC. area of focus about probate:
Probate: is the legal process that validates a deceased person’s will, appoints an executor to manage their estate, and ensures the orderly distribution of assets to beneficiaries after debts and taxes are paid.
What it is: Probate is a court-supervised process that handles the affairs of a deceased person, ensuring their assets are managed and distributed according to their will (or state laws if there’s no will).
Why it’s necessary: Probate is often necessary to transfer legal ownership of assets to heirs or beneficiaries, especially when assets are held in the deceased person’s name alone.
Importance of understanding probate: Understanding probate is crucial for estate planning and ensuring the orderly and legal distribution of assets after death.
In More Detail – What Is Probate?
Probate is the legal process through which a deceased person’s estate is administered. It involves validating a will (if one exists), identifying and inventorying the deceased’s assets, paying debts and taxes, and distributing the remaining assets to rightful beneficiaries.
If the deceased left a valid will, the person named as executor is responsible for overseeing the probate process. If there is no will, the court appoints an administrator—often a close relative—to handle the estate according to the state’s intestacy laws. Assets subject to probate may include real estate, bank accounts, investment accounts, and personal property that are solely in the decedent’s name.
What Is Estate Planning?
Estate planning is the process of arranging in advance for the management and distribution of your assets after your death. It typically includes creating legal documents such as a will, trusts, powers of attorney, and healthcare directives. The goal is to ensure that your wishes are honored, your loved ones are provided for, and the administration of your estate is as smooth and efficient as possible—often minimizing or avoiding the probate process altogether.
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