An allegation of undue influence can greatly slow down the probate process and make it more challenging for your intended heirs to receive the assets that you wanted them to have. There are a few best practices to have in mind when sitting down with your local estate planning lawyer to discuss how to avoid potential claims of undue influence. First of all, have undue influence top of mind.
If you are assisting a loved one with creating an estate plan, be aware of the factors such as unexpected gifts and unexpected relationships between you and another party. The inclusion of this other party could be confusing for your other heirs to understand. The second step is to resist getting involved in a loved one’s estate planning.
Resist involving in the estate planning process particularly if you are the primary caretaker for a parent. You might be thinking that it is only helping your parent through the legal process but think carefully about this perspective from the view of an attorney.
If you were the one who suggested that your parents review their estate plan, took them to the appointments, sat in the appointment with them and were present for the signing of the documents, it can be easier for someone else to argue that you exerted undue influence over them.
Finally, when it comes to helping someone else to create their estate plan or creating your own, make sure that your attorney has a very distinct record of your individual wishes. Your estate plan likely says what you want right now but in the event that you become mentally infirm, frail or incapacitated, you could become a victim of undue influence.
Taking these proactive steps and recognizing how to minimize the chances of your estate plan being updated in this way, it’s good to have an existing relationship with an estate planning lawyer that you trust. At our Massachusetts law office for estate planning, we help you figure out how to plan ahead successfully and protect your heirs.
