Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean?  Undue influence occurs when someone exerts pressure on an individual, causing that individual to act contrary to his or her wishes and to the benefit of the influencer or the influencer's friends. The pressure can take the form of deception, harassment, threats, or isolation. Often the influencer separates the individual from their loved ones in order to coerce. Older adults and people who have a disability are usually more susceptible to undue influence.

To prove a loved one was subject to undue influence in drafting an estate plan, you have to show that the loved one disposed of his or her property in a way that was unexpected under the circumstances, that he or she is susceptible to undue influence (because of illness, age, frailty, or a special relationship with the influencer), and that the person who exerted the influence had the opportunity to do so. 

However, if the alleged influencer had a fiduciary relationship with your loved one, the burden may be on the influencer to prove that there was no undue influence. People who have a fiduciary relationship can include a child, a spouse, or an agent under a power of attorney. 

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It is important to review your plan each year, especially if you have had changes to your prescriptions or health condition. In reviewing your options, you may find a different plan is less expensive or better suited to your needs.  if you decide to switch from one plan to another during open enrollment, your new plan with go into effect on January 1, 2017. In some circumstances, you can make changes outside of open enrollment. If you have questions, go to www.medicare.gov or call 1-800-Medicare (633-4227).