Undue Influence in Estate Planning in Oklahoma is a hot topic that is faced by many families after the passing of a loved one. As we age, our priorities can shift, and it’s not uncommon for individuals to make changes to their wills, trusts, or other estate planning documents. However, when these “late-in-life” changes appear suddenly, drastically alter long-held intentions, or seem to benefit a new acquaintance over established family, it can raise serious questions about undue influence.
At Tulsa County Lawyers Group, we often help families navigate these sensitive and challenging situations. Understanding what undue influence in estate planning is and how to identify it is crucial for protecting the legacy and true wishes of your loved ones.
What is Undue Influence in Estate Planning?
In Oklahoma, undue influence in estate planning occurs when one person exerts such power and persuasion over another that they overcome the free will of the influenced individual, effectively substituting their own will for that of the victim. It’s not simply about convincing someone; it’s about coercion – manipulating someone into making decisions they wouldn’t have made otherwise, especially concerning their estate plan.
This often involves a vulnerable individual – typically an elderly person who may be suffering from physical or mental decline – and a perpetrator who holds a position of trust or authority.
Red Flags: When to Suspect Undue Influence
While every case is unique, several common scenarios and behaviors can signal potential undue influence:
- Sudden, Drastic Changes to an Estate Plan: Perhaps your loved one always intended to divide their assets equally among their children, but a new will suddenly leaves a significant portion to a new caregiver, friend, or distant relative who recently entered their life.
- Isolation of the Elderly Person: The alleged influencer might begin to control access to the elderly person, preventing family members and long-time friends from visiting or communicating. They might control phone calls, mail, and even medical appointments.
- Dependence and Vulnerability: The elderly person may be physically or mentally frail, relying heavily on the alleged influencer for daily care, transportation, or financial management. This dependence creates an environment ripe for manipulation.
- Disinheritance of Close Family: If a long-standing beneficiary (like a child or spouse) is suddenly and inexplicably cut out of an estate plan, especially without a clear explanation from the testator, it’s a major red flag.
- Unusual Financial Activity: New joint bank accounts, large transfers of money, or changes to property titles benefiting the alleged influencer could be signs of financial exploitation tied to undue influence.
- Lack of Transparency: The alleged influencer might be secretive about the estate plan or the elderly person’s finances, refusing to share information with other family members.
- Testator’s Declining Capacity: While undue influence is distinct from lack of mental capacity, a decline in cognitive function (e.g., early-stage dementia) can make an individual far more susceptible to manipulation.
What Happens If Undue Influence is Proven?
If a will or other estate document is found to be the result of undue influence, an Oklahoma court can declare that document invalid. This means the court will either revert to a previous valid estate plan or, if none exists, distribute assets according to Oklahoma’s laws of intestacy (as if no will ever existed).
Protecting Your Family’s Legacy
If you suspect a loved one’s estate plan has been altered due to undue influence, it’s critical to act quickly. Gather any evidence you have, such as:
- Prior wills or estate plans
- Medical records indicating mental or physical decline
- Witness statements from friends, family, or caregivers
- Financial records
- Correspondence or communications that show isolation or coercion
Navigating an undue influence claim can be complex and emotionally taxing. It requires a deep understanding of Oklahoma probate law and strong advocacy. Our experienced probate litigation attorneys at Tulsa Lawyers are here to help you:
- Evaluate the facts of your case
- Understand your legal options
- File a will contest or trust challenge
- Represent your interests in court
Tulsa Probate Attorneys You Can Count On
If you suspect Undue Influence in Estate Planning, there are steps you can take. Don’t let your loved one’s true wishes go unnoticed. If you have concerns about “late-in-life” changes to an estate plan, contact our Tulsa probate lawyers today for a confidential consultation. We are dedicated to ensuring justice and preserving the legacies of Oklahoma families. Call Tulsa County Lawyers Group at 918.379.4864. Or if you want to ask a lawyer a free online legal question, follow this link.
