What Is Undue Influence? | RMO Lawyers

Описание: What Is Undue Influence? | Signs, Examples, and Legal Remedies

Undue influence is a serious issue in trust and estate litigation, often occurring when someone exploits a vulnerable person to manipulate their estate plan. In this video, RMO LLP Founding Partner Scott Rahn explains what undue influence is, who commits it, how to recognize the warning signs, and what legal remedies are available to protect your rights.

Full article: https://rmolawyers.com/blog/undue-inf...

Frequently Asked Questions:
What is undue influence?
Undue influence is a form of abuse involving emotional, psychological, or even physical pressure to manipulate someone—often an elder—into altering a will, trust, or other legal documents in favor of the influencer. It typically results in unfair or unexpected changes to an estate plan.

What are examples of undue influence in families?
Common scenarios include:
• A stepparent pressuring a spouse to increase their inheritance at the expense of children
• Children threatening or manipulating parents to receive a larger share
• Caregivers isolating and coercing elders
• Family friends or service providers influencing decisions for personal gain

What are the signs of undue influence?
Red flags may include:
• Isolation from family and friends
• Dependency on the influencer
• Sudden or secretive changes in estate documents
• Psychological or physical abuse
• Transfer of large assets to unexpected beneficiaries

What is the legal definition of undue influence in California?
According to California law, undue influence involves "excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity." Courts assess the victim's vulnerability, the influencer’s authority, coercive tactics, and whether the outcome was unfair.

Is there a test for undue influence?
California courts use a four-factor analysis:
1. Victim’s vulnerability (e.g., illness, age, or dependency)
2. Influencer’s authority (e.g., caregiver, family, legal advisor)
3. Tactics used (e.g., isolation, secrecy, coercion)
4. Equity of the result (e.g., dramatic changes to estate plans)

Is physical abuse considered undue influence?
Yes. Physical abuse may indicate or accompany undue influence, especially when it contributes to manipulation or fear that leads to unfair estate planning decisions.

What is the burden of proof in an undue influence case?
The person alleging undue influence must prove it in probate court. This often involves presenting evidence of the victim's vulnerability, the influencer’s control, and any inequitable outcomes.

Is undue influence the same as financial elder abuse?
While not identical, undue influence often overlaps with financial elder abuse, as both involve exploiting an elder’s vulnerability for financial gain. Many undue influence cases also qualify as elder financial abuse under California law.

What should I do if I suspect undue influence?
Contact a trust litigation or probate attorney immediately. Acting quickly preserves evidence and gives you the best chance to reverse any unlawful changes and protect your rightful inheritance.

About RMO Lawyers:
RMO LLP serves clients throughout California and Texas, with offices in Los Angeles, Orange County, San Diego, Fresno, Pasadena, the Bay Area, Dallas, and Houston.

We are laser-focused on guiding our trustee, executor, beneficiary, heir, conservator, and guardian clients through some of the most complex and emotionally charged issues life can throw them. Our commitment to helping our clients achieve results that not only add to their bottom line but to their peace of mind is at the core of everything we do. That’s RMO.

Have questions? At RMO, we protect people like you every day.
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