Many children and other family members of older adults are aware of their inheritance rights. Older people frequently like to discuss their legacy intentions so that people know what to expect when they die.
Children and other likely beneficiaries of an estate sometimes feel quite surprised at the contents of a will. After a loved one dies, they may discover that they didn’t inherit anything or they only received a small portion of what they previously believed they might inherit.
In scenarios where the lack of an inheritance does not result from the deceased individual using their own resources but rather from them leaving more for a caregiver, family members may question whether that individual abused their authority for personal gain.
Caregivers might exert undue influence
The terms a testator adds to a will should outline their wishes based on their personal values and their family circumstances. Most people put a lot of thought into their estate plans and try to provide support for the people they care about the most.
Unfortunately, there are some people who want to inherit from an estate regardless of what the testator intends. People in vulnerable situations, including those who are older and medically fragile adults, could end up changing their estate plans to appease a caregiver.
Undue influence occurs when an individual uses their relationship with another person to secure a portion of that vulnerable individual’s estate or a larger inheritance. They might fabricate a story that makes them seem like a victim of fate. They might manipulate an older adult by convincing them other people have abandoned them. They could even threaten someone’s health and safety if they do not make certain changes to their estate planning documents.
Family members, heirs and named beneficiaries all potentially have the right to pursue a will contest based on claims of undue influence. If someone was in a position of authority and the deceased party was vulnerable, there may be reason to question why they changed their documents for the benefit of their caregiver.
Contesting a will in probate court might lead to the courts setting the document aside. A court may decide to apply intestate succession laws or to uphold a prior version of the estate plan. The decision to contest a will can be a difficult one, but it may ultimately be the most effective way to uphold the true wishes of the person who recently died.
