Estate disputes are often sparked by certain red flags that family members may see in the way the estate plan was written. As the estate moves through probate and the estate administration process, these disputes between family members and other beneficiaries can become very contentious.
One potential red flag is if there were any last-minute changes made to the plan shortly before the person passed away. This is especially problematic if there were changes that favored one individual at the expense of others. Below are two examples.
Undue influence
In some situations, it may appear that the person was put under undue influence, meaning they were manipulated or coerced into changing the estate plan.
For example, say that the last-minute changes leave a substantial portion of the estate to a person who was acting as a caregiver for an elderly individual. It could be that the caregiver threatened to withhold care and assistance unless they were given what they wanted in the estate plan, so the changes do not really reflect what the elderly person actually intended.
Lack of testamentary capacity
Another issue can arise if the person lacked the testamentary capacity to make the changes to their estate plan in the first place.
For instance, perhaps the person was suffering from dementia, Alzheimer’s or a related condition. They initially wrote their estate plan when there were no questions about their mental capacity, but the last-minute changes were made after the diagnosis. Did they really understand the changes they were making, and did they intend to alter the estate plan in that way?
Questions like these can lead to significant estate litigation issues, and it is important for family members to understand all of their legal options.