What to Do If You Suspect Undue Influence in a Will
Feb. 19, 2026
When someone dies, the will is supposed to reflect their choices. If you suspect that a family member, caregiver, or other trusted person pressured them into changing the will, it can leave you with a mix of grief and doubt.
Undue influence claims often arise when the final document appears out of character, when the decedent was vulnerable, or when a key relationship changed quickly near the end of life.
In Maryland, the Law Offices of Julie A. Schejbal, CHTD helps families with this issue in Dunkirk, Maryland, as well as the surrounding areas of Calvert County, Prince George's County, Charles County, and St. Mary's County.
We can help you sort through these concerns with a practical focus on what can be proven, which deadlines apply, and which steps make sense before the conflict escalates. Contact us today to get started.
What Undue Influence Can Look Like in Real Life
Undue influence generally means pressure that overpowers a person's free choice and results in a will that doesn't reflect their true wishes. That pressure can be subtle, especially when the influencer has access to or control over daily routines, or a position of trust. Warning signs can look like the following:
Sudden changes to a long-standing plan: A new will that sharply shifts inheritances without a clear reason can raise questions, especially if prior plans were stable for years.
Isolation from family and friends: Keeping others away, screening calls, or limiting visits can make it easier for one person to shape decisions without pushback.
Dependence mixed with control: If one person controls medications, finances, meals, housing, or transportation, the decedent may feel like they can't say "no."
Secrecy around legal meetings: When a beneficiary insists on being present, schedules appointments, or blocks private conversations, it can suggest undue pressure.
Fear, guilt, or threats: Pressure can include guilt trips, intimidation, or hints of abandonment, even if there isn't physical harm.
A beneficiary directing the process: If the person who benefits most also directs what the document says, who drafts it, or who witnesses it, that detail may matter later.
Not every red flag proves wrongdoing, but it can help you decide whether to take the next step and preserve information. From there, it helps to know why undue influence matters in probate and what a court is actually evaluating.
How Probate Disputes Are Often Evaluated
Probate courts don't decide cases based on what feels unfair. They assess whether the will meets legal requirements and reflects the decedent's intent. In undue influence disputes, the focus often turns to the decedent's vulnerability, the influencer's opportunity to apply pressure, and whether the outcome appears to have been produced by that pressure rather than by choice.
It also helps to remember that undue influence and capacity are distinct issues, even though they can overlap. A person may have the capacity to sign a will and still be vulnerable to manipulation due to grief, fear, dependency, or cognitive decline that doesn't rise to a formal incapacity finding.
Early Steps That Can Protect Your Options
When you suspect undue influence, it's tempting to confront the person you suspect or to demand explanations from the family. A better approach is to focus on preserving facts, documenting what you know, and seeking guidance before taking visible action.
Four early steps usually help you move from suspicion to a plan you can support with evidence:
Write down a timeline while it's fresh: Note dates of major health changes, moves, new caregivers, unusual financial activity, and when you learned about the new will.
Gather what you can without overstepping: Keep copies of texts, emails, letters, and voicemails you already have, and document who said what and when.
Identify neutral witnesses: Think beyond family members and consider neighbors, longtime friends, clergy, facility staff, or medical providers who observed changes.
Avoid direct accusations and threats: Heated messages can become evidence and may also prompt someone to withhold information or pressure others to remain silent.
Once those steps are underway, the next question is which records matter most when a will is challenged. Collecting the right documents can sharpen the picture and reduce guesswork.
Records That May Support or Refute Undue Influence Claims
In many will contests, the strongest evidence doesn't come from one dramatic moment. It comes from documents that show patterns, inconsistencies, and changes in access or control.
If you're trying to build a clearer factual record, the following categories of documents often help:
Medical and care-related records: Notes about cognition, medications, mobility, and daily functioning can show whether the decedent was more dependent or confused during the relevant period.
Prior estate planning documents: Older wills, trust documents, letters of intent, or emails about estate wishes can show what the decedent said before the final change.
Communications and visit logs: Texts, emails, call records, calendars, and facility sign-in logs can help establish isolation, access, and information flow.
Financial records and account activity: Bank statements, credit card statements, and unusual transfers can show whether control shifted or whether spending patterns changed suddenly.
Legal file materials: Drafts, lawyer notes, appointment records, and witness information may show who set meetings, who was present, and how instructions were provided.
Housing and caregiving arrangements: Leases, caregiving agreements, and records of who lived with the decedent can help explain dependence and control dynamics.
These records can cut both ways, which is useful. If the decedent made a reasoned choice and acted independently, the paperwork may reflect that as well. Once you know what evidence exists, timing becomes a key issue, since probate disputes often have procedural steps that don't wait for family agreement.
Timing Issues and Practical Considerations in Maryland
If probate is already open, there may be deadlines tied to filing objections or raising disputes about a will. If probate hasn't started, there may still be steps that affect access to information, preservation of records, and who has authority to act. That timing is one reason many people speak with a lawyer early, even if they aren't sure a contest is the right path.
It can also help to focus on goals, not just accusations. Some families want a full challenge to the will, while others want transparency, an accounting, or a clearer explanation of what changed and why.
Experienced Legal Guidance
If you're concerned that a will was signed under undue influence, talk with the Law Offices of Julie A. Schejbal, CHTD, about your next steps. We proudly serve clients in Dunkirk, Maryland, and the surrounding areas of Calvert County, Prince George's County, Charles County, and St. Mary's County.
A consultation with us can help you determine the right course of action for your situation and which records to gather. Give us a call today to get started.