Residents in Kentucky who are dealing with estate matters will also be dealing with a lot of hurdles unique to this specific area of law. Undue influence could potentially come up in the drafting of a trust, will or estate plan.
The American Bar Association is careful about its definition of undue influence. According to them, it is difficult to consistently define undue influence. However, it is generally defined as a situation in which one party is exerting underhanded, hidden influence over another in order to get them to change their mind on estate planning matters.
For example, someone who does not feel they have a big enough share of estate property could attempt to bamboozle their way into the will, taking advantage of weaknesses of the will writer such as age-related memory problems.
Signs of undue influence
There are several signs of undue influence you can keep an eye out for, and most have to do with the caretaker of the individual in question. The individual may become more isolated, with their caretaker refusing to let them see people freely or supervising all of their visits. The influencer may try to take charge entirely, shoving other people out of the picture by doing everything themselves regardless of consent.
Finally, if you notice the victim favoring certain beneficiaries – especially the caretaker and potential influencer – this can also be a sign. It is important to keep an eye out for things like this, as they could indicate that your loved one is being manipulated without anyone noticing.