Financial Elder Abuse: What to Do When Sibling Pressure Makes Your Parent Change Their Trust

Your parents were always planners. They dealt with the headache of settling their own parents’ estates through probate when they were younger—and the nightmare of family arguments over who should get which heirloom or memento—and decided they weren’t going to do that to you and your siblings. Long ago, when you were barely an adult out on your own, they consulted with an estate planning attorney to create a comprehensive estate plan that included a detailed will and a trust. You and your siblings were all told that when they were both gone, everything they left behind would be split equally between you. All was organized to be fair and reflect their joint wishes.

Now your kids are nearly adults themselves, and your job took you away from the area where you grew up. Your dad passed away long ago too, leaving your mom on her own. Only your brother was left near enough to check on Mom regularly and help her with her errands and doctor’s appointments as he regrouped from his messy, expensive divorce. You were grateful that he seemed willing and able to step in when you and your sister couldn’t.

But now that your mom has passed too, you’re finding out that seemingly selfless gift of time came with a steep unexpected price. Somewhere in between those doctor’s visits and errands your brother took your mom to another estate planning attorney. The new terms of your parents’ trust leaves everything to him, cutting you, your sister, and your respective kids out of the share of the estate your parents intended you to have. You’re furious, and heartbroken. You know this isn’t what Mom wanted. So how did it happen?

Sound unbelievable? Unfortunately, estate planning attorneys see variations on this dynamic all the time. Are beneficiaries who have been disinherited through such maneuvers out of luck? Not necessarily. Pressuring or coercing a parent to change the long-established terms of their trust, especially when they may have diminished mental capacity due to age or infirmity, is a form of elder financial abuse. It can be possible to petition the court to set aside a trust amendment on the grounds of undue influence and restore the terms of the original trust.

Recognizing the Signs of Undue Influence

An elderly parent who has survived their spouse can be particularly vulnerable to undue influence. Aging, perhaps socially isolated as long-time friends and other older family members pass away, and increasingly reliant on help for daily tasks as their health declines, they can come to depend on whichever of their children is near enough to lend a hand. Maybe one child even moves in to become a caregiver.

It doesn’t always happen, but that sibling may come to believe they deserve a greater share of the estate, maybe because their siblings are better off than they are and don’t need the money the way they do, or perhaps because they resent having greater responsibility. They then badger or even force the surviving parent to change their estate plan to reflect what they think they’re owed, holding their future assistance over the head of their dependent parent.

In retrospect, certain signs can make it clear that something was amiss before the family learned a change had been made. These include:

• Isolation: Was the parent cut off from communicating with their other children, family members, or friends?
• Gatekeeping/interference with communication: Was going through the sibling the only way someone could talk with or see the parent? Did they insist on always being present when communication occurred?
• Behavioral changes: Had your parent’s regular routines changed dramatically with no explanation?
• Changes in who has authority over finances: Was the sibling suddenly in charge of the parent’s bank accounts and other financial assets when they weren’t before?

Unfortunately, those who exploit a position of trust to benefit themselves often blindside those who would never think of doing such a thing themselves. If your family is only understanding the full picture after the damage has been done, you’re not alone.

Challenging a Suspicious Trust Amendment

Former beneficiaries who have been disinherited by the dishonest maneuvering of a fellow beneficiary have standing to challenge a trust amendment in probate court. However, successfully demonstrating that a trust was altered due to undue influence can be difficult. An experienced probate litigation attorney is essential to help build a strong case to provide persuasive evidence that the parent was coerced or even lacked the testamentary capacity to understand the changes they were forced to make.

Depending on the court’s findings, the trust amendment may be set aside to restore the terms of the original trust, giving each sibling the share their parents originally intended. However, the court can also choose to disinherit the sibling who acted wrongfully in committing financial elder abuse, awarding the share they would have received under the original trust to the other siblings. The court also has the discretion to award attorneys’ fees to the plaintiff(s). The bottom line is that you are not without legal recourse.

Expert Probate Litigation Attorneys

If your family suspects that changes to your parents’ trust were due to undue influence or financial elder abuse, you must act quickly and decisively to preserve their intent and protect their legacy. The expert probate litigation attorneys at NM Law can provide the guidance you need to successfully navigate a trust dispute. To schedule a free consultation, contact us here today.