The change wasn’t just surprising. It was unthinkable. Your mother spent decades saying she would divide everything equally. But now, her final trust leaves the house to your brother, the bank accounts to a caregiver, and barely mentions you at all.
Are you wondering, What is undue influence, and did I just encounter it? You’re not alone. In California, undue influence is one of the most common and emotionally charged grounds for challenging a will or trust. While the law offers remedies, the path forward requires clarity, evidence, and a strong understanding of how this area of law works.
At Geremia & Cullen, PC, we assist disinherited heirs and concerned family members in navigating these complex situations. We explain what qualifies as undue influence, how to gather the right proof, and whether you have a case.
What Is Undue Influence Under California Law?
Under California probate law, as clarified by California’s Welfare & Institutions Codes, undue influence means someone used pressure, manipulation, or psychological tactics to override another person’s free will and substitute their own. Undue influence isn’t about an argument over family dinner or a tense phone call. The courts look for serious behavioral patterns that show someone exploited a vulnerable person to change the terms of an estate.
What Are Some Examples of Undue Influence?
You don’t need a smoking gun to suspect undue influence. Instead, consider each of these real-world scenarios that may raise red flags:
- A frail parent changes their will after moving in with a relative who isolates them from others;
- A longtime caregiver becomes the sole beneficiary of a new trust created just before death;
- A new romantic partner convinces an ailing spouse to revoke a decades-old estate plan, cutting out adult children entirely;
- A sibling convinces a parent with early-stage dementia to add them as a joint owner on bank accounts, then uses that position to deplete funds after the parent’s death; and
- An adult child threatens to withhold care or affection unless they receive a larger share of the estate.
Each undue influence example shares a common thread: someone had power, the elder was dependent or isolated, and a sudden shift in estate plans benefited the influencer.
Proving Undue Influence: What Courts Consider
Proving undue influence takes more than suspicion. California courts consider four main factors:
- Victim’s vulnerability. Was the decedent sick, elderly, isolated, grieving, or otherwise compromised?
- Influencer’s apparent authority. Did the accused hold a position of power (e.g., caregiver, trustee, financial advisor)?
- Actions or tactics used. Was there evidence of pressure, coercion, secrecy, or haste in executing estate documents?
- Unfair result. Did the outcome greatly favor the influencer in a way that seems unjustified?
If these factors align, courts may shift the burden to the alleged influencer to prove that the will or trust was made voluntarily.
How Do You Prove Undue Influence in California?
The question isn’t just how do you prove undue influence, but how do you do it in a way that holds up in court? Here are a few key strategies:
- Medical records. Gather records that show declining cognitive function, dementia diagnoses, or medications affecting judgment.
- Witness testimony. Find neighbors, friends, or other relatives who noticed a change in behavior or access.
- Communication records. Collect emails, texts, or voicemails that hint at manipulation or exclusion.
- Timing of changes. Look for evidence that the new estate plan was executed during a period of illness or dependency.
- Prior documents. Seek out showing consistent intent in older wills and trusts, which were suddenly reversed.
California courts often look for a “preponderance of the evidence,” meaning it’s more likely than not that undue influence occurred. However, when a presumption of undue influence applies (for example, a caregiver named as a beneficiary), the burden shifts to the influencer to disprove it.
Not sure if a trust change was made fairly—or forced?
You don’t have to guess. Let us help you understand your legal rights and how to challenge unfair changes.
When Should I Call Geremia & Cullen, PC?
Undue influence cases aren’t just about money. They’re about betrayal, family history, and the feeling that someone close to you manipulated someone you loved. That emotional intensity can cloud judgment or cause people to overlook key legal requirements. That’s why it’s essential to work with an attorney who knows how to listen as well as litigate.
If you suspect undue influence, don’t wait. California has strict statutes of limitations. In most cases, you have 120 days from the date the will or trust becomes irrevocable (typically after the decedent’s death) to contest the document. Waiting too long can permanently forfeit your right to bring a claim.
Even if you’re unsure whether you have a case, speaking with an attorney early can help you understand your position and preserve potential evidence.
Get Clear Answers from Attorneys You Trust
You don’t need to guess whether what happened was legal, and shouldn’t have to face it alone. At Geremia & Cullen, PC, we treat each undue influence case as both a legal and human matter. We thoroughly explain your rights, investigate claims, and help you navigate the process with clarity and dignity. And if your case qualifies, we may represent you on a contingency fee basis.
Clients who work with us don’t just get one capable attorney; they gain the support of a team rooted in Sacramento and recognized throughout the state.
Attorney Brian Geremia has earned honors from Super Lawyers and Martindale for his trust and estate litigation results, backed by numerous five-star client reviews. Attorney Sarah Cullen brings decades of legal experience and a lifelong connection to the Sacramento community, and she is known for her steady guidance and ethical integrity. Together, they offer clear answers and calm leadership.
If you’re wondering what undue influence is or how to prove it in California, contact us today. We’ll help you move forward with clarity, confidence, and the legal support you deserve.
