Florida state laws oversee all matters related to estate planning. The careful oversight ensures that no abuse of the system occurs. This allows you to follow a plan in peace knowing your loved one’s wishes get fulfilled.
However, every system has its flaws and there are cases in which someone gets around a fail-safe to do harm. Such is the case with undue influence cases.
What is undue influence?
So what is undue influence? The American Bar Association states that it happens when a third party manipulator – usually a caretaker – abuses their position of power. They exert influence or control over a victim. The victim in this case is the person to whom the estate plan belongs and addresses.
Most often, the intent of this manipulation is to get the victim to change their estate plan in a way that benefits the manipulator. Thus, you should take note if sudden or unexpected changes happen. Were beneficiaries removed? Did new ones end up added in their place? This may be more than just a coincidence.
What manipulation tactics are used?
Manipulators will resort to “tried and true” tactics, too. This includes control and isolation. Control allows the manipulator to oversee all aspects of the victim’s life. They may want control over their medication, scheduling, and even finances.
Isolation allows the manipulator to remove any other possible sources of support from the victim’s life. They often do this by lying about the victim’s availability. In turn, they also lie to the victim about their loved ones and their willingness to visit. It is an insidious tactic and you have the right to contest an estate plan or will written under these conditions.