How to Protect Your Aging Loved Ones from Undue Influence in Estate Planning
Estimated Reading Time: 6-7 Minutes
Learn how to spot and prevent undue influence in your aging loved ones' estate planning to protect their wishes and assets from manipulation.
Protect Your Aging Loved Ones from Undue Influence
After someone passes away, it’s not unusual for family members to be surprised by what’s in the will. Sometimes, they find out that most or all of the estate was left to someone unexpected—a recent acquaintance or caregiver.
That surprise can be a red flag.
In many cases, it may be the result of undue influence—when someone manipulates a vulnerable person into changing their estate plan for personal gain.
This is not only unethical. It’s illegal and a growing form of elder abuse.
What Is Undue Influence?
Undue influence happens when someone uses their power or position to pressure another person into making decisions they wouldn’t make on their own.
This pressure often looks like:
Emotional Manipulation
The influencer may use guilt, flattery, or fear to control decisions.
For example:
- “After everything I’ve done for you, don’t I deserve this?”
- Creating a sense of obligation by exaggerating their support or sacrifices
- Playing the victim to gain sympathy and influence estate decisions
Isolation from Family
Keeping your loved one away from others makes it easier to control them.
Look for:
- A sudden drop in family contact or canceled visits
- Calls being blocked or messages not getting through
- Negative comments meant to turn your loved one against other family members
Deception or Threats
Florida courts recognize that lies or intimidation can void a will if they amount to undue influence.
Watch for:
- Misrepresenting legal or financial facts (“Your children are trying to take your money”)
- Pressuring them to sign documents without explaining the content
- Threatening to withdraw care, affection, or housing if they don’t comply
Real-Life Example: The Estate of Brooke Astor
Brooke Astor was a New York socialite and philanthropist with a multimillion-dollar estate. In her later years, concerns arose that her son, Anthony Marshall, was manipulating her to take control of her finances and change her estate plan.
- Astor, in her 90s and suffering from Alzheimer’s, reportedly made changes to her will that heavily favored her son.
- He was accused of isolating her, withholding proper care, and pressuring her into signing documents she didn’t fully understand.
- After her death, a legal battle revealed evidence of undue influence, forgery, and financial exploitation.
- In 2009, Anthony Marshall was convicted of stealing millions from his mother.
This high-profile case shows that undue influence isn’t limited to average families. Even wealthy and well-known individuals can become vulnerable to manipulation—especially when cognitive decline or isolation is involved.
Common Red Flags
Watch for these signs that someone may be taking advantage of your loved one:
- Blocking communication with family
- Isolating your loved one from others
- Hiding legal or financial documents
- Suggesting large gifts to new acquaintances
- Being named as agent on financial/medical POAs without family discussion
- Sudden changes to estate plans that exclude long-time beneficiaries
- A new “friend” heavily involved in estate decisions
If you spot any of these, act quickly. Delay can mean irreversible damage—depleted savings, lost property, or forced moves into facilities against your loved one’s wishes.
How to Prevent Undue Influence
You can’t prevent aging or cognitive decline, but you can plan ahead to protect your loved ones.
Start by:
- Talking early and often about their wishes
- Encouraging regular updates to estate plans
- Making sure they work with a trusted estate planning attorney
As your Personal Family Lawyer®, Elizabeth Joiner at Joiner Law Firm, we help families create solid, legally sound estate plans.
We use tools like:
- Revocable living trusts
- Durable powers of attorney
- Health care directives
- Customized incapacity plans
These documents help avoid court battles, protect family harmony, and keep decisions in the hands of the people your loved ones trust.
Don’t Wait for a Crisis. Protect Your Family Now.
Schedule a free 15-minute discovery call with Elizabeth Joiner at Joiner Law Firm.
We'll help you spot risks, prevent abuse, and create a plan that honors your loved one’s wishes—before someone else tries to take control.
