Do you think that your loved one wrote a will that does not accurately reflect their wishes? Perhaps you’re concerned about undue influence. It’s a valid concern, and you need to know what options you have.

In general, undue influence is when a vulnerable person is influenced by someone else who has some type of power over them. This can make the contract — in this case, a will — null and void. It shows that the person did not write it of their own free will, but they were manipulated into doing so.

A potential red flag, for instance, is when a recent will changes that person’s estate plan so that most of their money goes to a caregiver. Maybe you lived out of state, but a sibling or another close relative still lived in Colorado and took care of the elderly individual at the end of their life. All wills and estate plans up until that point left you significant assets, but the final will took your money and gave it to the caregiver.

Did that person manipulate your loved one to make them change the will? Did they threaten not to provide care unless they did so? Did they spread rumors and lies about you to trick the person into cutting you out of your inheritance? Clearly, the caregiver had a position of power, and an elderly person with physical and mental disabilities may be easy to manipulate.

When this happens, you have to know how to protect yourself and your rights. If you have any questions about how to get started, our website can help provide the answers.