ESTATE PLANNING INSIGHTS By Ethan R. Okura

In previous columns, I have addressed the subject of financial abuse of the elderly. This usually involves outright stealing or fraud. However, there is another form of financial abuse that is subtler, harder to identify and often doesn’t show up until after the beloved family member has passed on. This type of problem is called “undue influence.”

What is “Undue Influence?”

Black’s Law Dictionary defines “undue influence” in these words: “In regard to the making of a will and other such matters, undue influence is persuasion carried to the point of overpowering the will, or such a control over the person in question as prevents him from acting intelligently, understanding, and voluntarily, and in effect destroys his, and constrains him to do what he would not have done if such control had not been exercised.”

California Probate Code Section 86 and California Welfare and Institutions Code Section 15610.70 define undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.”

See more articles by Ethan by visiting https://okuralaw.com/blog/

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