How Undue Influence Can Impact Estate Planning

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Nov 16, 2023, 07:00 ET

Undue influence in estate planning involves manipulating clients to make decisions that don't align with their genuine wishes says Hackard Law

SACRAMENTO, Calif., Nov. 16, 2023 /PRNewswire/ -- Undue Influence can lead to unfair distributions of assets and benefits. Here are some ways in which undue influence can affect estate planning:

Disinheritance of Intended Beneficiaries: Undue influence can lead to the exclusion of close family members or intended beneficiaries from the estate plan, as the manipulator may persuade the individual to change their will, trust, or other estate planning documents to favor the influencer or other parties.

Favoring a Particular Beneficiary: The person exerting undue influence may manipulate the vulnerable individual to favor them over other family members or beneficiaries, even if this contradicts the individual's true intentions.

Changes to Power of Attorney: Undue influence can result in changes to a power of attorney designation, allowing the manipulator to control the individual's financial and healthcare decisions, often to the detriment of the person's best interests.

Asset Transfers and Gift Giving: The manipulator may convince the individual to make significant asset transfers or gift large sums of money, depleting the estate and altering the intended distribution of assets.

Creating New Estate Planning Documents: Undue influence can lead to the creation of new wills, trusts, or other estate planning documents that deviate from the individual's prior estate plan.

Isolating the Individual: The person exerting undue influence may attempt to isolate the vulnerable individual from friends, family, or trusted advisors to gain greater control over their decisions.

"Estate litigation often comes about due to challenges of the will during the probate process," says Michael Hackard of Hackard Law Firm.

About Hackard Law Firm

The team of attorneys at Hackard Law assists clients in emotionally charged situations, such as disinheritance in an estate or trust dispute as well as elder financial abuse and undue influence. They prioritize a compassionate approach, remaining readily accessible throughout the entire case and encouraging ongoing communication even after resolution. Through three decades of experience, they have learned that building a business with the right values leads to meaningful relationships that extend far beyond legal matters. To book a consultation, call 916-313-3030, or visit the website.

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SOURCE Hackard Law