If you’re caring for an aging parent in the Portland area and your siblings live far away, you may find yourself in the crosshairs of a future inheritance dispute. As a contested trust attorney in Lake Oswego, I represent clients accused of undue influence throughout the Portland metro area simply because they were physically present and emotionally close to a parent who changed his or her trust.
Here’s what you need to know—and what you can do now to prevent costly and painful litigation later.
The Common Pattern In Trust Contests
A parent changes his or her estate plan late in life, leaving everything to one child (often the primary caregiver). After the parent dies, other siblings, often estranged or living out of state, are surprised and suspicious. The result? Accusations of undue influence, threats of litigation, and families torn apart.
Under ORS 130.175, a trust is void to the extent it was created through fraud, duress, or undue influence. Oregon courts take these allegations seriously but proving them requires more than just hurt feelings.
How to Protect Against Undue Influence Allegations
Here are steps families can take now to reduce the risk of litigation after death:
1. Involve a Neutral Attorney Early
Make sure any changes to the trust are made with the help of an independent estate planning attorney who meets privately with the parent. This ensures the parent’s intent is clear and not shaped by the presence of a caregiver child. A settlor’s intent is paramount and having a neutral attorney document that intent helps shield it from challenge.
2. Document Mental Capacity
If changes to the trust occur later in life, consider obtaining a written capacity assessment from a physician. While Oregon law presumes capacity, a challenger can overcome that presumption with clear and convincing evidence of incapacity. A medical opinion at the time of the change can be a powerful defense.
3. Add a Statement of Intent
Ask the parent to write a simple letter explaining why he or she is choosing to favor one child. Even better, have the attorney draft a “Statement of Intent” that becomes part of the estate plan. Oregon courts give strong weight to the settlor’s clearly expressed wishes.
4. Consider a No-Contest Clause
A no-contest clause (also called an in terrorem clause) can discourage a frivolous challenge. Oregon recognizes these clauses, provided they are clearly drafted. The clause can state that any beneficiary who challenges the trust will forfeit the inheritance, unless the court finds the challenge was made in good faith and with probable cause.
5. Maintain Transparency—Strategically
While transparency can ease suspicions, sometimes full disclosure triggers conflict. If the parent wishes to disclose the trust plan to all children, do so with legal counsel present to document the conversation. If not, make sure the attorney thoroughly documents the settlor’s intentions and independence.
When Disputes Are Inevitable
Sometimes, no amount of preparation will prevent litigation—especially when large estates, deep-seated resentment, or unequal treatment among siblings are involved.
If you’re the child being accused of undue influence—or if you’re concerned that your sibling manipulated a vulnerable parent—you need an experienced attorney in the Portland metro area to defend your rights and protect your family’s legacy.
I represent clients throughout Oregon in cases involving:
- Allegations of undue influence
- Lack of capacity claims
- Fraudulent amendments
- Inheritance disputes
- No-contest clauses
Whether you’re looking to challenge a trust or defend one, I invite you to contact my office. I offer compassionate, aggressive, and strategic representation designed to resolve these disputes with as little damage as possible.
