This is a true tale of undue influence and its devastating effects on family relationships. Understanding undue influence is critical in estate planning and protecting seniors from manipulation.
Orville: A Life of Accomplishments
Meet Orville. He had a life full of accomplishments. He had flown planes during World War II, worked for a major airline, and successfully run a small business.
Orville and his wife had three daughters: May, June, and Lisa. Lisa was the baby of the family, being 10 years younger than June.
Caregiving and Estate Planning
When Orville’s wife died in 1999, Lisa and her children moved in with Orville to care for him. By that time, he needed help with everything, including bathing and eating. He even needed help to use the telephone.
In 2000, Orville and his entire family met with an estate planning attorney. Orville created an inter vivos trust that required the consent of his three daughters to dispose of his property. Orville also signed a will, leaving everything to his three daughters. He deeded his house to Lisa.
The 2002 Will and Family Dispute
In 2002, Orville signed a new will leaving everything to Lisa.
That did not sit well with May and June. After Orville died, they challenged the 2002 will on two grounds – incapacity and undue influence.
Orville had suffered a stroke before signing the 2002 will. An expert testified that the stroke had impaired his ability for executive decision-making. That made it likely that another person could have influenced him.
Understanding Undue Influence
But mere influence was not enough. Because of his stroke, Orville suffered an impaired mental condition that made it likely that the influence of another person destroyed his free agency and free will and substituted another’s will. That caused Orville to do what he otherwise would not have done, which was to disinherit two of his daughters in favor of Lisa.
That is undue influence.
Key Elements of Undue Influence
There are three elements:
- The existence and exertion of an influence
- The influence subverts or overpowers the signer’s mind at the time the will was executed
- The testator would not have signed the will but for such influence
Five Recurring Themes of Undue Influence
There are five recurring themes of undue influence:
1. Fraud and Deceit
In one case, a daughter unduly influenced her parents to sign a deed giving her an interest in their farm by telling them that the document they were signing was for payment of a $25 hospital bill.
2. Skewed Family Dynamics
In some families, one sibling may be in closer contact with her parent or have been more involved in her financial and personal affairs and could sway the parent into signing documents.
3. Caregiver Situations
The parent may be living with or under the care of the alleged influencer. This type of situation may just mean that the parent wished to reward the caregiver for taking care of them.
4. Drugs and Alcohol
Many seniors take multiple medications that may fog their minds just enough to become susceptible to undue influence. Likewise, a parent who excessively drinks may be coached into signing documents while under the influence of alcohol.
5. Relationship Poisoning
A sibling might exclude other siblings from visiting an elderly parent or tell the parent that the other siblings are trying to take their money. A helpful neighbor may gradually take over control, essentially holding the senior hostage and isolating them from relatives and friends.
The Outcome for Orville
As for Orville? The jury found that he was incompetent and that he was unduly influenced by Lisa. The sisters won their case, and the 2002 will was effective.
But the real loser was the family relationship.
Conclusion: Protecting Family and Legacy
Undue influence can harm both seniors and family relationships, often leading to lasting conflict. Thoughtful estate planning helps safeguard autonomy, protect assets, and maintain family harmony. By addressing potential risks early, families can ensure that a loved one’s wishes are honored.
At Hammerle Morris Law Firm, we help families create estate plans that protect their legacy, provide clear guidance, and support independence. Schedule a consultation today to secure your family’s future and preserve peace of mind.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
