Questions of undue influence can be difficult to prove in Texas, particularly when it comes to a deceased’s estate. But did you know that evidence of past misconduct toward the decedent may be able to help establish undue influence? In this blog post, we will discuss the complexities of proving undue influence in Texas and how evidence of past misconduct can be used as a tool to prove it. We will examine case law on how such evidence is presented, as well as look into some factors that could support the claim.
What is undue influence?
When a person is unduly influenced, their free will is undermined by another person who holds power over them. The relationship between the two people can be one of parent and child, therapist and patient, or any other type of relationship in which one person has authority over the other. Undue influence can be used to convince a person to do something they wouldn’t normally do, such as change their will or sign over power of attorney.
In order for undue influence to be proven, there must be evidence that the person in question was persuaded to act against their own best interests. This can be difficult to prove, as it requires showing that the person was not acting of their own free will. However, if there is evidence that the person was subject to coercion or manipulation, this may be enough to show that they were unduly influenced.
How can evidence of past misconduct be used to prove undue influence?
If someone is trying to prove that someone else exerted undue influence over a person who has died, they may try to use evidence of past misconduct toward the deceased as proof. For example, if the person who is accused of undue influence was abusive or manipulative toward the deceased in the past, that may be used as evidence that they exerted undue influence over them before their death.
Similarly, if the person who is accused of undue influence was in a position of power over the deceased, such as being their caretaker or financial advisor, that may also be used as evidence. The key here is that the past misconduct must be relevant to proving that the person unduly influenced the deceased; simply having a history of bad behavior is not enough.
What are some examples of past misconduct that could be used as evidence of undue influence?
If someone is trying to prove that another person exerted undue influence over a testator, they will need to provide evidence of past misconduct on the part of the alleged influencer. This can be difficult, as it requires showing a pattern of behavior leading up to the signing of the will or trust. However, if such evidence exists, it can be very persuasive.
Some examples of past misconduct that could be used as evidence of undue influence include:
• A history of financial exploitation of the elderly or vulnerable
• A pattern of lying or manipulation
• A record of convincing people to sign documents they do not understand
• A tendency to take advantage of those who are weaker or in a vulnerable position
If an alleged influencer has exhibited any of these behaviors in the past, it may be possible to use them as evidence in a case alleging undue influence. Of course, every situation is unique and this is just one example of what could be used as evidence. An experienced attorney can help you determine whether you have enough evidence to prove your case.
Texas Case Law
Smith v. Little is a 1995 case that dealt with the issue of whether evidence of past misconduct towards an estate can be used to prove undue influence in Texas. The case was heard by the Texas Court of Appeals for the Fifth District in Dallas.
The case involved a dispute over the estate of a woman named Marie Little, who had passed away. The estate was valued at approximately $1.5 million and consisted primarily of real property. The decedent’s niece, Linda Smith, filed a lawsuit against the decedent’s son, James Little, alleging that he had exerted undue influence over his mother in order to gain control of her estate.
In her complaint, Smith alleged that James Little had a history of misusing his mother’s assets for his own benefit. She claimed that he had taken money from his mother’s bank accounts without her permission, used her credit cards without her knowledge, and sold property from her estate without her consent. Smith argued that this evidence of past misconduct was relevant to her claim of undue influence because it showed that James Little had a motive to exert undue influence over his mother in order to gain control of her estate.
The trial court rejected Smith’s argument, ruling that evidence of past misconduct towards an estate is not relevant to a claim of undue influence. The court held that undue influence can only be proven by showing that the person exerting the influence had a fiduciary relationship with the person being influenced, and that the influence was used to gain an unfair advantage over the influenced person.
Smith appealed the trial court’s ruling to the Texas Court of Appeals. On appeal, the court considered whether evidence of past misconduct towards an estate is relevant to a claim of undue influence.
The court began by noting that Texas law recognizes that undue influence can be proven by showing that a person had a motive to exert undue influence. The court then held that evidence of past misconduct towards an estate can be relevant to a claim of undue influence because it can help to establish that a person had a motive to exert undue influence over the estate.
The court also noted that evidence of past misconduct towards an estate can be used to establish that a person had the opportunity to exert undue influence. The court explained that if a person has previously misused an estate, it is more likely that the person will have the opportunity to exert undue influence over the estate in the future.
In conclusion, the Texas Court of Appeals in Smith v. Little held that evidence of past misconduct towards an estate can be relevant to a claim of undue influence. This ruling expands the scope of evidence that can be used to prove undue influence in Texas and allows plaintiffs to present a more comprehensive case when alleging undue influence over an estate. This case is considered as an important precedent on the matter of undue influence in Texas.
Conclusion
It is possible for evidence of past misconduct toward an estate to prove undue influence in Texas. In order for a court to determine that there has been undue influence, certain elements must be present such as a confidential relationship between the parties or a dominant personality controlling the transactions surrounding the estate. If these factors are present and it can be established that a beneficiary used their position of control over another beneficiary or party to manipulate them into entering into an agreement, then it is likely that they will have committed some form of fraud or coercion and thus proven undue influence.
Do you need an Experienced Probate Attorney to help?
If you are the executor of an estate in Texas and are facing allegations of undue influence, you may need to hire an experienced probate attorney. The laws surrounding probate can be complex, and an attorney can help you navigate the process and protect your rights.
An attorney can also help you if you are contesting a will or trust. If you believe that someone exerted undue influence over the person who created the will or trust, an attorney can help you gather evidence and build a case.
Probate can be a lengthy and complicated process, so it is important to have an experienced advocate on your side. If you are facing allegations of undue influence or are contesting a will or trust, contact a qualified probate attorney today.
Call us today for a FREE attorney consultation at (210) 436-6601.
Related questions
What are the elements that must be proven in an undue influence case?
In a case of alleged undue influence in Texas, the following elements must be proven:
- That the person alleged to have exerted the undue influence had a confidential relationship with the person alleged to have been influenced.
- That the person alleged to have exerted the undue influence used their position of power in that relationship to coerce or persuade the other person to act against their own free will.
- That the person alleged to have been influenced was actually induced to act against their own free will.
- That the person alleged to have been influenced’s act or decision was a result of the undue influence.
How does one prove undue influence?
Proving undue influence in a legal case can be difficult as it typically requires showing that the person who was influenced was acting against their own free will, and that the person who exerted the influence had a position of power or trust over them. The following methods can be used to prove undue influence:
- Direct evidence: This includes statements or admissions from the person who exerted the influence, or from the person who was influenced.
- Circumstantial evidence: This includes showing that the person who exerted the influence had a close or confidential relationship with the person who was influenced, and that they used that relationship to gain power over the other person.
- Expert testimony: This includes testimony from mental health professionals or other experts who can offer an opinion on whether the person who was influenced was acting under duress or against their own free will.
- Documentary evidence: This includes any written or recorded communications that can show the existence of a confidential relationship or the use of persuasion or coercion.
It’s important to note that proving undue influence is a heavy burden of proof, and it’s not enough to prove that the person had an influence on another person’s decision, but that the influence was so overpowering that it overcame the person’s own free will and caused them to act against their best interest.
Is it difficult to determine when undue influence has occurred?
Determining whether undue influence has occurred can be difficult as it often involves subjective factors such as a person’s state of mind and willingness to act. The determination of undue influence is often made on a case-by-case basis, taking into account the specific circumstances and evidence presented.
The use of persuasion or coercion alone is not enough to establish undue influence. The key factor is whether the influence was so powerful that it overcame the person’s own free will and caused them to act against their best interest. This can be difficult to prove as it requires showing that the person who was influenced was not acting of their own accord, but as a result of the influence exerted on them.
It’s also important to note that the determination of undue influence may be affected by the specific laws of the state in question, and the legal standard used to evaluate undue influence may vary depending on the jurisdiction.
What are the three elements of undue influence?
The three elements that must be proven in a case of alleged undue influence are:
- The existence of a confidential relationship: This means that the person alleged to have exerted the undue influence had a relationship of trust and influence with the person alleged to have been influenced.
- The use of that relationship to exert influence: This means that the person alleged to have exerted the undue influence used their position of trust and influence to coerce or persuade the other person to act against their own free will.
- The causation of the other person’s act or decision: This means that the person alleged to have been influenced was actually induced to act against their own free will as a result of the undue influence, and that their act or decision was a result of that undue influence. It’s important to note that the determination of whether undue influence has occurred is a heavy burden of proof and it’s not enough to prove that the person had an influence on another person’s decision, but that the influence was so overpowering that it overcame the person’s own free will and caused them to act against their best interest.
How do you disprove undue influence?
Disproving undue influence in a legal case typically involves showing that the person who was influenced was acting of their own accord and that their actions were not the result of coercion or persuasion by another person. Here are a few ways to disprove undue influence:
- Show that the person who was influenced had the capacity to make decisions: This can include evidence of the person’s mental and emotional state, as well as their level of understanding of the situation and the consequences of their actions.
- Show that the person who was influenced acted voluntarily: This can include evidence of the person’s own statements or actions indicating that they were acting of their own accord and that their decision was not influenced by another person.
- Show that the person who was influenced had independent advice: This can include evidence that the person sought out and received advice from a neutral third party, such as a lawyer or financial advisor, before making a decision.
- Show that the person who was influenced had the opportunity to reflect: This can include evidence that the person had sufficient time to consider the decision and that they did not feel rushed or pressured into making a decision.
It’s important to note that disproving undue influence can be difficult, as it often involves subjective factors such as a person’s state of mind and willingness to act. The determination of whether undue influence has occurred is often made on a case-by-case basis, taking into account the specific circumstances and evidence presented.
