When The Creation Of Estate Planning Documents Was Unduly Influenced
The process of creating estate planning documents such as wills and trusts can often be overwhelming and confusing. This is exacerbated if the individual creating the documents is elderly or ill and not in his or her right state of mind. They are then vulnerable to undue influence. This means that another person uses their position of power to unduly pressure the individual into doing something they would not have done if such control had not been exercised.
When you have concerns that this has occurred to the detriment of a loved one, turn to our attorneys at Robert W. York & Associates. From our Indianapolis office, we are committed to fighting for the rights of our probate litigation clients and the individuals who have been unduly influenced.
One Party With Power, One In A Vulnerable Position
When someone is influenced into doing something, it typically occurs as the result of some individual having power over the person being influenced. In some cases, this is a family member who is pressuring a loved one to create or revise a will for the pressuring person to benefit. In other cases, it is a financial adviser or caregiver using their position to financially or otherwise take advantage of a vulnerable individual.
Regardless of how the situation arises or who it involves, no one should ever be pressured into a situation that is detrimental to them or other loved ones and only benefits another individual. Undue influence in estate matters is grounds for a will contest.
What To Do If You Believe Undue Influence Occurred
If you believe that a loved one was unduly influenced and estate planning documents that they created may be in question, come to us. We can investigate the situation and determine if there are grounds upon which to challenge the validity of the documents. This can occur while a person is still living, but it is more common, unfortunately, for these issues to arise after the individual in question has passed away, as that may be the time when their loved ones first see the contents of the will.