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Comprehensive Guide to Undue Influence in Estate Planning
Undue influence in the context of wills and trusts poses serious challenges for families in Barstow and throughout San Bernardino County. When an individual’s decisions are altered by pressure, manipulation, or coercion, the resulting estate documents may not reflect their true intentions. This guide explains how undue influence can affect wills and trusts, what signs to look for, and the practical steps available to protect a loved one’s wishes. LA Estate Plans assists Barstow residents with clear, compassionate guidance focused on restoring clarity and fairness in estate administration and will contests.
Protecting a decedent’s intentions requires careful attention to facts, timing, and documentation. Undue influence claims often arise after sudden or unexplained changes to estate plans, isolation of the testator, or unusual transfers of assets. Family members who encounter these situations benefit from organized information gathering and a calm, methodical approach to resolving disputes. LA Estate Plans works with clients in Barstow to identify indicators of improper influence and to advise on options that preserve the integrity of the estate while aiming to reduce stress and disruption for all involved.
Why Addressing Undue Influence Protects Family Wishes
Addressing undue influence early can preserve the authentic intentions of the person who made the will or trust and reduce the risk of prolonged legal battles that erode family relationships. When concerns are investigated promptly, it becomes easier to collect witness statements, medical records, and other documentation that clarify decision-making capacity and the circumstances surrounding changes to estate documents. This protective approach helps families achieve fair distributions of assets and provides reassurance that the decedent’s genuine wishes are respected, ultimately promoting closure and minimizing the emotional burden of contested probate matters.
About LA Estate Plans and Our Approach in Barstow
LA Estate Plans serves families in Barstow and San Bernardino County with a consistent focus on wills, trusts, and probate issues. Our approach centers on clear communication, careful fact gathering, and individualized attention to each family’s needs. We guide clients through the procedural steps involved in contesting documents or defending them, explain possible outcomes, and work to achieve practical resolutions where appropriate. If you need assistance, call 310-634-1006 to discuss your circumstances and learn how a measured legal strategy can protect a loved one’s legacy.
Understanding Undue Influence in Wills and Trusts
Undue influence happens when pressure, manipulation, or improper persuasion interferes with a person’s free choice about their estate plan. Courts look at the totality of circumstances, including the nature of the relationship between the influencer and the testator, changes to beneficiaries or asset distributions, and the mental or physical condition of the person who made the will. Recognizing these factors early allows families to preserve evidence and pursue appropriate remedies, whether through negotiation, mediation, or probate court. In Barstow, careful documentation and timely action make a meaningful difference in how these matters are resolved.
Determining whether undue influence affected a will or trust involves gathering factual evidence such as witness accounts, medical records, communications, and the circumstances under which documents were signed. Courts often consider whether the outcome of the estate plan is unexpected or uncharacteristic based on the decedent’s prior statements and relationships. Legal proceedings are fact-driven, so assembling a well-organized record is essential. Residents of Barstow should act promptly to collect relevant information to support or challenge a document’s validity while memories and records remain accessible.
What Undue Influence Means Under California Law
Under California law, undue influence occurs when an individual’s free will is overcome by another person who exerts pressure or control that results in an estate plan that does not reflect the decedent’s true intentions. Courts evaluate elements such as the influencer’s opportunity to exercise control, the vulnerability of the person making decisions, and whether the resulting document deviates sharply from prior arrangements. Proving undue influence requires establishing that the pressure was substantial enough to override the decedent’s independent judgment, which typically involves testimony, documentation, and an analysis of surrounding circumstances.
Key Elements and Common Legal Steps in Undue Influence Matters
Key aspects of undue influence claims include showing the influencer’s access and motive, evidence of the decedent’s susceptibility, and signs that the estate plan’s outcome is unnatural given prior relationships or intentions. Legal processes commonly involve document review, witness interviews, collecting medical records to assess capacity, and preserving communications or transactions that suggest manipulation. Depending on the facts, families may pursue negotiation to resolve disputes or file challenges in probate court to contest a will or trust. Each case is unique, so a tailored plan based on a careful investigation is essential for an effective response.
Key Terms and Glossary for Undue Influence Cases
Familiarity with common terms helps demystify the legal process and enables families to recognize important concepts when reviewing estate matters. The glossary below explains words and phrases typically encountered in undue influence claims, including who is involved, what probate entails, and how capacity is assessed. Understanding these definitions assists in organizing evidence and communicating concerns clearly. If you are unsure how these terms apply to your situation in Barstow, reach out for guidance on the specific meanings and legal implications related to your case.
Undue Influence
Undue influence refers to circumstances where pressure or manipulation is used to alter a person’s estate planning decisions, resulting in documents that may not reflect the individual’s genuine wishes. Signs include significant changes that favor one person unexpectedly, isolation of the testator from friends and family, or evidence of coercion during document preparation. Proving undue influence requires documentation, witness testimony, and an assessment of the decedent’s state of mind and relationships at the time changes were made. Prompt documentation and careful investigation strengthen claims or defenses in probate.
Probate
Probate is the court-supervised process for validating a will and administering a deceased person’s estate when required by law. Probate proceedings determine the authenticity of the will, resolve creditor claims, and oversee distribution of assets according to the document or intestate succession rules. When undue influence is alleged, probate courts examine evidence about how the documents were created and whether the decedent acted voluntarily. Probate can be extended when disputes arise, so early organization of records and clarity about timelines help families manage expectations and move toward resolution.
Testator
A testator is an individual who creates a will, specifying how their assets should be handled and distributed after death. When questions of undue influence arise, investigators and courts look to the testator’s prior statements, relationships, and behavior to assess whether the will reflects genuine intent. Understanding the testator’s history and communications can be vital to determining whether a change to an estate plan was voluntary. Collecting dated documents and witness accounts about the testator’s intent helps clarify the context for any disputed provisions.
Capacity
Capacity refers to a person’s mental ability to understand the nature and consequences of their estate planning decisions at the time documents were created or changed. Courts assess whether the individual understood the value and nature of assets, the identities of likely beneficiaries, and the implications of the distribution decisions. Medical records, cognitive assessments, and contemporaneous observations can all inform capacity evaluations. Demonstrating capacity or lack thereof is an important element when resolving disputes involving suspected undue influence or contested wills.
Comparing Legal Options for Addressing Undue Influence
When facing suspected undue influence, families generally weigh negotiation and mediation against formal court action. Negotiation and mediation can preserve relationships and reduce costs if parties are willing to cooperate, and this path can be appropriate for minor inconsistencies or when clarity can be reached through discussion. Litigation in probate court is often necessary when disagreements are deep, when evidence must be formally examined, or when the interests of vulnerable parties require judicial protection. Understanding the trade-offs in time, expense, and privacy helps families choose the best route for their unique circumstances.
When a Targeted, Limited Approach May Resolve Issues:
Minor Discrepancies in Estate Documents
Small technical errors, ambiguous language, or procedural lapses do not always indicate improper influence and can sometimes be resolved through careful document review and clarification. In these situations, a focused response that gathers missing signatures, clarifies intent with available witnesses, or corrects administrative oversights may prevent escalation. Seeking a measured review helps protect the decedent’s intent without immediately resorting to formal litigation, which can be more time consuming and stressful for family members already coping with loss.
Willingness of Parties to Cooperate
When all parties demonstrate openness to discuss concerns, mediation or facilitated settlement can often resolve disputes without court intervention. This cooperative path can preserve family relationships and reduce costs while producing outcomes that reflect competing interests fairly. A structured negotiation process provides an opportunity to exchange information, identify misunderstandings, and reach agreements that protect the decedent’s stated wishes. Good-faith communication and documented resolution steps help ensure lasting agreements and minimize the likelihood of future contests.
When a Comprehensive Legal Response Is Necessary:
Complex Family Dynamics and Significant Disputes
Complex family relationships, competing caretakers, or contentious beneficiary disputes often require a full legal response to ensure that all evidence is properly gathered and presented. When emotions run high and facts are contested, thorough investigation and a formal legal strategy help protect the rights of all parties and clarify the decedent’s true intent. Comprehensive measures reduce the risk that critical evidence will be overlooked and provide a clear framework for resolving deeply contested matters in probate or related proceedings.
Substantial Changes to Estate Plans That Favor One Party
Large or unexpected changes to a will or trust that disproportionately benefit a single person can signal potential undue influence and often warrant a detailed legal review. In such cases, a comprehensive approach includes collecting medical documentation, witness testimony, communications, and financial records to determine whether the changes reflect the decedent’s free will. Pursuing a careful investigation helps ensure that any improper manipulation is addressed and that distributions align with genuine intentions.
Benefits of a Thorough, Comprehensive Approach
A comprehensive approach enables a full review of the facts and evidence, reducing the likelihood that important details are missed. By collecting medical records, witness statements, and documentary evidence early, families can build a clearer picture of the circumstances surrounding changes to estate plans. This thoroughness supports more reliable outcomes in settlement discussions or court proceedings and helps prevent future challenges that could reopen the same issues. Families gain greater clarity and confidence when decisions are based on well-documented facts.
Thorough legal work also promotes fairness and transparency by ensuring that all relevant parties are heard and that conflicting accounts are analyzed objectively. This process helps courts make informed decisions and provides families with a structured path to resolution. A careful, documented approach can limit the emotional and financial toll of prolonged disputes and helps protect vulnerable individuals who may have been pressured to alter their estate plans. Ultimately, clarity and documentation contribute to more stable and equitable outcomes.
Clear Resolution of Disputes Through Investigation
Conducting a detailed investigation brings clarity to conflicting accounts and helps identify the most reliable sources of information. Thorough fact gathering and careful analysis can reveal inconsistencies, corroborate testimonies, and show patterns that support a fair resolution. Presenting a well-documented record to other parties or to a court increases the likelihood that decisions will reflect the decedent’s true intentions. Families benefit from transparent, documented findings that reduce uncertainty and guide subsequent steps in estate administration.
Protection for Vulnerable Individuals and Their Wishes
A careful legal response helps safeguard individuals who may have been susceptible to pressure due to age, illness, or dependency by ensuring their capacity and decision-making context are fully examined. By documenting medical conditions, interpersonal dynamics, and relevant communications, families can demonstrate whether estate changes were voluntary or the result of manipulation. This protection helps preserve the autonomy of the person whose estate is at issue and ensures that distributions align with the authentic intentions expressed when the person was acting of their own volition.
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Practical Tips for Protecting Wills from Undue Influence
Keep Clear, Dated Documentation
Maintain clear and contemporaneous records of estate planning activities, including dated drafts, signed copies, and witness statements when documents are executed. Clear documentation of conversations, decisions, and the presence of impartial witnesses reduces ambiguity and makes it easier to demonstrate a person’s true intentions later. Store originals and copies in a secure place and make key family members aware of where documents are located. Well-organized records are a critical asset if any questions about undue influence arise during probate or estate administration.
Communicate Estate Plans Openly with Trusted Family
Seek Legal Review Early in the Process
Engaging a legal professional early in the estate planning process helps ensure documents are prepared in a manner that reflects the client’s intent and reduces opportunities for later disputes. Early review allows for careful evaluation of capacity, appropriate witness procedures, and the identification of potential problem areas before documents are finalized. Timely involvement also makes it easier to gather supporting evidence about the client’s state of mind and intentions if questions arise in the future, improving the chances of a smooth administration of the estate.
Reasons to Consider Addressing Suspected Undue Influence
If you observe unexpected changes to a will or trust, exclusion of close relatives, or transfers to previously uninvolved parties, those developments may justify closer examination for undue influence. Acting quickly helps protect evidence and preserve witness memories. Addressing concerns early may allow families to resolve issues through discussion or mediation before formal court involvement becomes necessary, and can prevent additional harm or misallocation of assets that does not reflect the decedent’s true wishes.
Situations involving elderly or medically vulnerable individuals, sudden changes following illness, or pronounced isolation from family are common triggers for inquiries into undue influence. Prompt legal attention helps safeguard the decedent’s decision-making record and may lead to remedies that restore intended distributions. Families who take action can reduce the risk of prolonged disputes and ensure that estates are administered fairly, with consideration for the decedent’s previously stated preferences and relationships.
Common Circumstances That Raise Undue Influence Concerns
Undue influence frequently appears in scenarios where a caregiver gains control of day-to-day decisions, where an individual becomes isolated from family or friends, or where unexpected beneficiaries receive significant gifts. Sudden changes after illness, unexplained transfers of assets, or a pattern of controlling behavior are indicators that warrant investigation. Recognizing these patterns early and gathering supporting evidence helps families determine whether legal action is appropriate to protect the true intentions of the person whose estate is at issue.
Caregiver Pressure and Influence
When a caregiver or close companion begins to make most decisions for a vulnerable person, shifts in estate plans may follow that favor that caregiver. Such dynamics can create opportunities for pressure or manipulation, whether intentional or not. Documenting changes in caregiving arrangements, financial transactions, and conversations can help determine whether a will or trust genuinely reflects the decedent’s wishes. Families should take note of abrupt changes in beneficiaries or asset transfers that coincide with changes in caregiving or living arrangements.
Isolation from Family and Trusted Contacts
Isolation of an individual from close relatives and friends often increases the risk of undue influence, as the person may become more dependent on a smaller circle of caregivers or companions. Isolation can limit access to outside perspectives and make it easier for a single influence to sway decisions. Observations about sudden cuts to social connections, restricted communications, or new gatekeepers controlling access to the individual are important to record, as they may provide context for evaluating changes to estate documents.
Unexpected Beneficiary Changes or Asset Transfers
Transfers of property or beneficiary updates that occur shortly before death, especially when they favor previously uninvolved parties, raise red flags for potential undue influence. Such changes that deviate sharply from a person’s historical pattern of giving or prior estate plans are often scrutinized. Gathering timelines, prior drafts of documents, financial records, and testimony about the decedent’s stated intentions helps build a factual record to support or refute claims about the voluntariness of the changes.
We Are Here to Help Barstow Families
Why Choose LA Estate Plans for Undue Influence Matters
LA Estate Plans concentrates on wills, trusts, and probate issues for families across California, including Barstow. Our practice emphasizes careful fact-finding, thoughtful communication, and practical strategies tailored to each family’s needs. We work to assemble relevant records, interview witnesses, and present a clear account of the circumstances surrounding changes to estate documents. This methodical focus helps clients understand their options and take steps that protect a decedent’s true wishes while managing costs and emotional strain.
We understand the emotional weight of disputes over a loved one’s estate and strive to provide steady guidance throughout the process. Whether pursuing negotiated resolutions or preparing for court, we explain likely timelines, procedural requirements, and potential outcomes so families can make informed decisions. Our role is to help preserve evidence, identify realistic objectives, and pursue avenues that serve the family’s long-term interests while honoring the decedent’s intentions as faithfully as possible.
Communication and transparency are central to our approach. We keep clients informed at every stage, outlining next steps and practical considerations such as deadlines for filing claims and potential costs associated with different paths. For residents of Barstow and San Bernardino County seeking assistance with suspected undue influence in wills or trusts, prompt consultation can preserve critical evidence and improve the prospect of a fair resolution that reflects the decedent’s wishes.
Contact LA Estate Plans to Discuss Your Concerns
Our Process for Reviewing and Responding to Undue Influence Claims
Our process begins with a confidential consultation to understand the facts, followed by a structured review of documents and relevant records. We prioritize evidence preservation, which often means acting quickly to secure medical files, financial records, and witness statements. After an initial assessment, we outline potential options including negotiation, mediation, or probate litigation, and provide a realistic overview of timelines and likely steps. Throughout the process, we aim to reduce uncertainty for families and pursue outcomes that reflect the decedent’s true intentions.
Initial Case Assessment and Document Review
The initial stage focuses on gathering baseline information to evaluate whether undue influence may have occurred. This includes collecting copies of wills, trusts, and related documents, identifying key contacts and witnesses, and gathering preliminary medical and financial records. An early review helps determine the strength of available evidence and identifies urgent actions needed to preserve records. This assessment creates a roadmap for investigation and helps families understand the realistic options and potential next steps in resolving the issue.
Gathering Background and Key Facts
We begin by documenting the timeline of events, prior estate plans, and any recent changes that may appear inconsistent with the decedent’s past wishes. Interviews with family members and others who interacted with the decedent help build context about relationships and decision-making patterns. This background work is essential to identify witnesses, potential documentary evidence, and the most relevant factual questions that must be answered to evaluate any claim of undue influence.
Thorough Review of Estate Documents
A careful examination of wills, trusts, beneficiary designations, and related paperwork is performed to spot irregularities such as atypical beneficiary changes, lack of proper witnessing, or inconsistencies with earlier versions. Comparing drafts and dates and noting who was present at signing can reveal important details. This documentation review lays the groundwork for targeted investigation and informs decisions about whether mediation or court proceedings are needed to resolve contested issues.
Investigation and Evidence Collection
The investigation phase focuses on assembling corroborating evidence such as witness statements, medical records, and transactional histories that shed light on the decedent’s capacity and the circumstances of any document changes. Timely requests for records and interviews are critical, as memories and documents can be lost over time. A well-organized evidence file is essential to support claims or defense strategies and helps guide productive settlement discussions or litigation preparation when necessary.
Interviewing Witnesses and Gathering Records
We conduct interviews with individuals who had meaningful contact with the decedent to capture observations about their mental state, relationships, and any relevant conversations. These witness accounts are combined with contemporaneous records such as appointment notes, letters, or emails to build a cohesive narrative. Properly documented witness statements and records strengthen the factual foundation needed to evaluate undue influence allegations and help ensure that key evidence is preserved for later use.
Reviewing Medical and Cognitive Documentation
Medical records, treatment notes, and cognitive assessments provide context about a person’s capacity at the time estate documents were signed or changed. Reviewing these materials helps determine whether the testator understood the nature and consequences of their decisions and whether any impairment may have impacted their voluntary decision-making. This medical context is important when presenting a complete picture to other parties or to a court in contested matters involving suspected undue influence.
Resolution Strategies and Next Steps
After collecting and assessing the evidence, we advise on the most appropriate resolution path based on the family’s goals and the strength of available information. Options include negotiating with other parties, pursuing mediation to reach an agreed outcome, or initiating probate proceedings to formally resolve disputes. Our recommendations consider the likely timeline, potential costs, and the emotional impact on family relationships, with the objective of achieving a fair and practical resolution that honors the decedent’s intentions.
Negotiation and Mediation to Resolve Disputes
Where appropriate, we pursue negotiation or mediation to resolve conflicts without court intervention. These processes can be effective when parties are willing to engage constructively and when a shared resolution serves the family’s interests. Mediation provides a structured forum for airing concerns, exchanging information, and reaching compromise solutions that reflect the decedent’s intent and preserve relationships. Careful preparation and clear documentation often lead to efficient and mutually acceptable outcomes.
Preparing for Probate Court When Litigation Is Necessary
If resolution outside of court is not possible, we prepare to present the case in probate court with a focus on organized evidence and persuasive factual presentation. Preparation includes compiling witness statements, medical and financial records, and any other documentation that clarifies the decedent’s mental state and decision-making context. Clear organization and timely filings are essential to comply with probate procedures and to ensure the court has a complete picture when determining whether undue influence affected the estate documents.
The Proof is in Our Performance
Frequently Asked Questions About Undue Influence
What is undue influence in estate planning?
Undue influence refers to situations where a person’s free will in making estate planning decisions is overcome by pressure, manipulation, or coercion from another individual. This can result in a will or trust that does not reflect the true intentions of the person who created it. Courts examine the relationship between the parties, the mental and physical condition of the person making decisions, and the circumstances surrounding the document’s execution to determine whether undue influence occurred. When assessing undue influence, relevant factors include whether the influencer had opportunity and motive to control decisions, whether the outcome of the estate plan is unexpected or inconsistent with prior wishes, and whether the testator was isolated or dependent. Thorough documentation and witness testimony help clarify the context and support legitimate concerns when a will or trust appears to deviate from earlier intentions.
What are common signs that undue influence may have occurred?
Common signs of undue influence include sudden or unexplained changes to a will or trust that benefit a particular individual, isolation of the decedent from family and friends, and instances where a caregiver or close companion gained control over daily decisions or finances. Other indicators are transactions that transfer significant assets shortly before death and the presence of pressure or coercion during document execution. Evidence such as prior drafts of estate documents, statements from witnesses, financial records, and medical notes that reflect the decedent’s condition can corroborate these signs. Early action to preserve records and capture witness recollections strengthens the factual record and can be vital when deciding whether to pursue resolution through negotiation or probate litigation.
How can a will or trust be challenged on grounds of undue influence?
A will or trust can be challenged by filing a petition in probate court alleging grounds such as undue influence, lack of capacity, or fraud. The challenger must present factual evidence showing that the contested document was not the product of the decedent’s free and voluntary decision-making. This typically involves witness testimony, documentary proof of changes, and medical records that speak to the decedent’s condition at the time of the change. Before filing, families often gather supporting evidence and consider whether negotiation or mediation could resolve disputes. If litigation becomes necessary, careful preparation and organization of evidence are crucial for presenting a persuasive account to the court and meeting procedural deadlines that apply in probate matters.
Will allegations of undue influence delay the probate process?
Allegations of undue influence commonly extend the probate process because courts must evaluate contested facts before approving distributions from the estate. Investigations, discovery, and hearings take time and may delay final administration while parties present evidence and legal arguments. This can result in increased costs and additional emotional strain for family members who are awaiting resolution and disbursement of assets. Proactive steps such as early evidence preservation, clear communication among interested parties, and exploring settlement options can help manage timelines. When cases proceed to court, a structured approach to discovery and well-documented evidence can shorten the process where possible and help the court reach a prompt, well-supported decision.
How can families prevent undue influence when creating estate plans?
Preventive measures include creating clear, dated estate planning documents with impartial witnesses and making sure the person creating the documents understands their choices and consequences. Open discussions with trusted family members about intentions reduce surprises and the likelihood of disputes later. Regularly reviewing and updating documents also helps ensure they reflect current wishes and reduces ambiguity that can be exploited. Keeping contemporaneous notes about the reasons for changes and ensuring independent verification when making major revisions adds protection. Early legal review and involvement of neutral witnesses or professionals reduce the risk of later challenges by documenting capacity and voluntariness at the time documents are executed.
What does California law consider when evaluating undue influence?
California law examines whether a decedent acted voluntarily and with sufficient mental capacity when creating or changing estate documents. Courts consider factors such as the relationship between the influencer and the decedent, the decedent’s vulnerability due to age or illness, the presence of coercion or manipulation, and whether the outcome aligns with prior intentions. The totality of circumstances is evaluated rather than any single factor alone. Medical evidence, witness accounts, and the circumstances surrounding the document signing are commonly used to assess these factors. While no formula guarantees a particular result, presenting a consistent factual record that supports voluntariness or highlights undue influence is central to the court’s determination.
Do I need legal help to challenge a will or trust?
While representation is not strictly required to contest a will or trust, legal help is often beneficial because these matters involve procedural rules, strict filing timelines, and complex evidentiary standards. A legal practitioner can help gather and organize evidence, prepare filings, and advise on strategic options, including whether mediation or litigation is likely to serve the family’s goals. Early legal guidance can help protect deadlines, preserve evidence, and identify the most effective approach given the facts. For families in Barstow, timely consultation with a knowledgeable legal professional improves the ability to make informed decisions and pursue remedies that protect the decedent’s true wishes.
What types of evidence are used in undue influence cases?
Evidence used in undue influence cases often includes witness testimony about the decedent’s state of mind and interactions, medical and treatment records, copies of prior and current estate documents, financial records showing transfers or payments, and communications that indicate pressure or manipulation. A combination of documentary and testimonial evidence helps establish a pattern of conduct or circumstances surrounding the document’s execution. Preserving these materials promptly is important because records and memories can fade over time. Collecting dated drafts, emails, text messages, appointment notes, and independent observations from neutral witnesses creates a robust factual foundation for evaluating whether undue influence affected the estate plan.
Can a will be successfully contested after probate has started?
Yes, a will can be contested after probate has started if valid grounds such as undue influence, lack of capacity, or fraud are present and the challenge is filed within applicable deadlines. Probate courts will address disputes by reviewing the evidence and hearing testimony to determine whether the contested document should be upheld or set aside. Timely action is essential because procedural deadlines and statute of limitations can limit the window to bring a challenge. Consulting promptly helps ensure that deadlines are met and that evidence is preserved while memories and records are fresh. A considered strategy that assesses the strength of the claim and explores possible resolution options can improve outcomes even when challenges arise during probate.
What immediate steps should I take if I suspect a loved one is being influenced?
If you suspect a loved one is being pressured to change their estate plan, begin by documenting your observations in as much detail as possible, including dates, conversations, and any changes in behavior or isolation. Secure copies of relevant documents and note locations of original wills or trusts. Reaching out to other family members or trusted contacts who have observed similar concerns can help corroborate your account and identify witnesses. Seek prompt legal guidance to understand options for preserving evidence and taking protective steps. Early consultation can help you identify urgent actions such as requesting medical records, speaking with professionals involved in the person’s care, and determining whether immediate legal filings are warranted to protect the individual and the estate.