Spotting Undue Influence
Posted By Renee Linares on Aug 6, 2010 9:00am PDT
You may not know the exact definition of the legal term "undue influence" however that does not mean you have not been a witness to such wrongful conduct. Often times the elderly are victims to people who try to take advantage of their frail condition and force them to change their will or estate plan through such coercive behavior. Unfortunately, the people found guilty of undue influence tend to hold a trusted fiduciary position such as a medical care worker or relative.
Undue influence is defined as an improper or wrongful constraint, machination, or urgency of persuading whereby the will of a person is overpowered and the person is induced to do an act that he or she would not do, or not to do an act which he or she would do, if left to act freely. Black's Law Dictionary (5th ed. 1979) at 1370.
If you suspect that a family member or loved one is being taken advantage of or are victims of undue influence you should consult with an experienced Los Angeles estate planning attorney.