Coming Home for the Holidays Might Help Prevent a Will Contaminated by Undue Influence

running-scared-turkey-istockIf you are visiting older parents, grandparents, aunts, uncles, siblings, or godparents for Thanksgiving, keep an eye out for slipping capacity. Don’t dismiss the odd, weird, or nonsensical comments or questions you hear from your loved ones who happen to be older. Visiting your loved ones for the holidays is an opportunity for you to identify if older people you know need help as well as a time for you to reconnect emotionally with them. Growing older increases the chances for needing assistance with personal care. An older person with a need for personal care might be susceptible to undue influence. Undue influence occurs when someone in a position of influence uses that influence to overcome decision-making of the person writing a will, trust, and estate plan. Complaining about the disposition of a person’s will because you think that person was unduly influenced is a will contest. Learn more about the link between incapacity and undue influence.

Todd Marquardt

Todd Marquardt is the Founder and Lead Attorney of Marquardt Law Firm, P.C., with 18 years of experience in estate planning, elder law, probate, Medicaid planning, and veterans benefits. He is dedicated to helping families and business owners protect their futures through personalized legal strategies built on experience and integrity.

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