Undue Influence

Undue influence

[@great-garden-watch]

As a general question i think a neighbor of my mother who gets her bank passwords and gets very involved in knowing my mother’s finances (even though my mother still pays her own bills and drives etc at 90) is going at some point to get my mother to change her will to her (the neighbor). She has worked hard to alienate me and my mother and i live states away. I hope the court will see through this.

[@AlDavLaw]

That is a scary situation and happens all too often. We have many cases where that has occurred. Most of the time the court will see through it, but it can still be an emotional and stressful battle.

[@great-garden-watch]

@@AlDavLaw thank you. She already changed her will once to a woman she just met three weeks prior! However with her lawyer she has now changed it back. No idea to whom, but not To that woman …or the neighbor I’m fairly sure since this lawyer would see that issue. However there’s plenty of time left for her to be scammed again. Yes very emotional. I was always there for her and now I know she can cut me out of her life and everything with just a wink from a stranger.

[@kellydavison1680]

Why do you need to wait until the elder dies to prove undue influence?

[@AlDavLaw]

In most cases you do not have standing to bring a lawsuit until after an elder dies. Until then, only the elder can bring the lawsuit, or an agent or conservator appointed on behalf of the elder. There are limited exceptions, so you should always consult with a lawyer about your specific case.