"Undue influence" is a legal term that refers to the manipulation or coercion of someone, often an elderly or vulnerable individual, to make decisions that benefit another person, typically regarding a will or estate plan. In Ohio, undue influence is a common reason for contesting a will or trust, especially when there are sudden or unexpected changes to how assets are distributed.

When someone is pressured, deceived, or emotionally controlled into changing their estate plan, the resulting documents may not reflect their true wishes. Courts in Ohio take these cases seriously because they undermine the integrity of the estate planning process and often involve betrayal of trust within families.

Recognizing the signs of undue influence can help families take legal action and protect the legacy of their loved one. But proving it in court is not always easy. Let’s explore how undue influence works under Ohio law, when it's likely to arise, and what can be done if you suspect it has occurred.

Legal Definition of Undue Influence in Ohio

Ohio courts define undue influence as influence exerted over a person that prevents them from exercising their own free will. This influence often comes from someone in a position of power or close relationship, such as a caregiver, adult child, romantic partner, or financial advisor.

To prove undue influence in an Ohio estate dispute, the person challenging the will (the “contestant”) must typically show:

• The deceased was susceptible to undue influence (due to age, illness, or dependency)
• The alleged influencer had the opportunity to exert influence
• The influencer took advantage of that opportunity for personal gain
• The resulting changes to the estate plan benefited the influencer in an unusual or disproportionate way

Ohio courts will consider all surrounding circumstances, including medical records, testimony from witnesses, and the timing of any changes to legal documents.

Common Signs of Undue Influence

Undue influence doesn't always look like open threats or obvious manipulation. It often happens quietly, behind closed doors, and over time. Here are some red flags that may suggest undue influence played a role in an estate plan:

• Sudden changes to a will or trust late in life
• Isolation of the elderly individual from other family members
• One person becoming unusually involved in financial or legal decisions
• Changes that dramatically favor one person who was not previously included
• Secrecy surrounding the creation or signing of legal documents
• Removal or replacement of long-standing legal or financial advisors

While none of these factors alone prove undue influence, they can raise questions that deserve closer legal examination.

For example, if a parent with declining health suddenly changes their will to leave everything to a new caregiver, cutting out their children or other family members, that change may trigger suspicion, especially if the new documents were prepared in isolation or with the caregiver’s involvement.

How Undue Influence Leads to Estate Disputes

Disputes over undue influence often arise after a loved one passes away and family members discover unexpected terms in the will or trust. These cases can lead to complex litigation, especially if large sums of money, property, or sentimental assets are involved.

In Ohio, if you suspect undue influence, you may be able to contest the will in probate court. The legal team will examine evidence such as:

• Medical records showing cognitive decline or dependency
• Witness testimony from neighbors, caregivers, or other family members
• Timing of document changes relative to illness or isolation
• Emails, letters, or text messages that suggest manipulation or coercion

The burden of proof is on the person challenging the will, and these cases can be emotionally charged and legally complex. That’s why working with attorneys experienced in undue influence and probate litigation is crucial.

At the Law Offices of Daniel McGowan, we focus on estate disputes involving undue influence, incapacity, and contested wills. Our team works to uncover the truth and protect your loved one’s wishes.

Who Is Most Vulnerable to Undue Influence?

Undue influence most often affects elderly individuals, particularly those who:

• Live alone or rely heavily on a single caregiver
• Suffer from Alzheimer’s, dementia, or other cognitive impairments
• Are experiencing physical frailty, depression, or isolation
• Feel dependent on others for transportation, communication, or decision-making

Sadly, the people most at risk are often the least likely to realize they are being manipulated. That’s why it’s important for friends and family members to stay involved, ask questions, and speak up when something doesn’t seem right.

What to Do If You Suspect Undue Influence

If you believe a will or trust was created or changed due to undue influence, take action as soon as possible. In Ohio, there are strict deadlines for contesting a will, usually within three months of receiving notice that the will was filed with probate court.

Steps you can take include:

• Requesting a copy of the will or trust
• Gathering evidence such as emails, texts, and financial records
• Speaking with witnesses who observed unusual behavior or pressure
• Consulting with an experienced estate litigation attorney

Acting quickly improves your chances of preserving evidence and building a strong case. Even if you’re unsure whether undue influence occurred, it’s better to ask questions early than to miss your chance to protect your family’s rights.

If you have concerns about a loved one’s estate plan or believe someone used undue influence for personal gain, contact us today. The team at the Law Offices of Daniel McGowan is here to provide clear, compassionate guidance and help you pursue the justice your family deserves.