Parents spend their lives taking care of their children, and when they age, they depend on their children to take care of them. However, sometimes a child or relative will take advantage of an elderly family member’s condition or circumstances to their own benefit. Often, these situations don’t come to light until after the family member in question passes away and their loved ones notice, much to their surprise, suspicious changes to their will or estate plan.
In Tennessee, this situation is called “undue influence.”
Undue influence is, put simply, when one person uses power or authority over another to coerce them into making decisions that favor the first person. In the words of the American Bar Association, undue influence’s definition is when one person’s will is substituted for another’s desires.
In estate law, undue influence occurs when an elderly person is taken advantage of so that they are coerced into favoring the influencer in devising wills, trusts, and other plans for the distribution of their assets after death.
Undue influence most commonly happens when a caretaker takes advantage of an elderly person’s vulnerable state to secure a favorable position in their estate planning, and it is not uncommon for those caretakers to be members of the victim’s family.
Undue influence by family members can take many forms, and it can be subtle or overt. Let’s posit a few hypothetical undue influence examples in which an elderly loved one may be taken advantage of by a beneficiary who does not have their best interests at heart:
These are only hypothetical examples, but they highlight some of the common tactics used by influencers against those who are unduly influenced, namely:
Family members with significant physical or mental health issues are most at risk of being unduly influenced since they are the most in need of care and thus the most vulnerable to undue influence tactics.
The problem is that undue influence cases often involve a great deal of circumstantial evidence, which is not enough on its own to prove that a loved one is being unduly influenced in a court of law.
Directly proving that coercion or manipulation occurred rests first on proving that a beneficiary had and misused a confidential relationship with a loved one. There is no statute to define undue influence under Tennessee law; however, case law sets the standard for recognizing and proving undue influence. In Tennessee, an individual can only be unduly influenced by a beneficiary with a confidential relationship.
Alleging undue influence in court is difficult, but if you believe that a loved one has been abused and taken advantage of by a beneficiary in exchange for a more favorable inheritance, there are options available to you. You can contest their will, for example, though that is easier said than done.
Estate litigation is difficult, but when you have serious concerns that a recently departed loved one’s last wishes have gone unfulfilled due to an undue influencer, it’s worth undergoing. At MHPS Law, our estate litigation attorneys provide empathy, compassion, and extensive experience with undue influence cases to help you make sense of your situation.
We can help you:
We’re here to help you make things right. Contact us today to discuss your options.