By Coleman P. Hengesbach, Esq.

In almost all cases involving challenges to a will or trust due to undue influence, the person being taken advantage of is in a weakened state, both mentally and physically. That is because someone in a vulnerable state is easily susceptible to influence from other parties. The person exerting their influence usually holds an intimate or confidential relationship with the vulnerable person, making it difficult to spot the red flags.
The following is a list of recurring “red flags” that are frequently present in these types of cases:

  • Vulnerability of Victim, either mentally or physically
  • Intimate and confidential relationship with the victim
  • Isolation from victim’s family and close friends
  • Transfer of Financial Accounts and Monies
  • Changes in Estate Plan

Sadly, undue influence goes undetected by a victim’s family and close friends. Other times, a victim’s loved ones may confront the person unduly exerting their influence but are shunned away by the influencer. If you find yourself in a position where you feel that you were wronged due to the undue influence of another, you may need to consult with an experienced attorney. Undue influence lawsuits are time sensitive and can be very complex to bring.

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