PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Undue influence: You can challenge a will

Undue influence is a term that refers to actions that influenced a person to change a will or other document against their free will or due to manipulation. Undue influence is one of a few reasons why people enter into will contests.

Imagine that your mother or father had already designated that you'd receive the family home in their will. You were established as the only beneficiary of their assets. Somehow, prior to their death, that changed. Now, it's an aide at the nursing home who has been willed everything.

Undue influence may be at play, and a will contest is something you should consider. There are a few factors that may be considered by the judge when you present your case. These factors include:

  • The length of the relationship between the decedent and the beneficiary or beneficiaries
  • Whether or not the new beneficiary had a chance to manipulate or otherwise make the individual change their will
  • Your loved one's mental health and ability to make decisions on their own
  • The parties involved in changing the will

In many cases, undue influence happens when the elderly cannot recognize what they're doing. For example, your mother or father may have Alzheimer's disease and be unable to understand that they're changing a legal document. They also may be unable to do so legally due to incompetence, but depending on how the will is altered, that will need to be contested directly.

How can you show that your loved one did not want to or should not have changed their will?

If it is a matter of undue influence, you should gather as much information as you can about the person or people who influenced your loved one as well as your loved one's state of mind at the time of the new will's creation. This can take some work and usually requires medical information as well as witness statements from nurses or others who worked with your loved one in the nursing home or assisted-living facility.

It's worth the effort to obtain the medical diagnosis and to be able to show if your loved one suffered from Alzheimer's disease or other illnesses that could affect their ability to make decisions. If you can prove it, then the new will may be thrown out, and an older version from a time when they had the mental capacity to sign legal documents will be used.

No Comments

Leave a comment
Comment Information
Get a free consultation

Get A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us For A Free Consultation | No Fee Unless We Win

Let us answer your questions during a free consultation. Contact the Law Offices of Mark L. Karno & Associates for help with your injury case.

Our lawyers work on a contingency fee basis, which means there are no legal fees unless we win compensation for you.

Serving Chicago, Aurora, Evanston, And Nearby Areas Of Illinois

Chicago Office
33 N LaSalle St
Suite 3500
Chicago, IL 60602

Toll Free: 800-849-7182
Phone: 312-574-3362
Fax: 312-701-0600
Chicago Law Office Map

Aurora Office
1444 N Farnsworth Ave
Suite 105
Aurora, IL 60505

Toll Free: 800-849-7182
Phone: 312-574-3362
Fax: 312-701-0600
Aurora Law Office Map

Tell us how we’re doing:

Review Us