Key Takeaways
In California, penalties for undue influence can take the form of civil remedies or can be considered criminal offenses, depending on the circumstances.
- Civil remedies generally aim to restore rather than punish. Courts may invalidate estate planning documents or transactions and order the return of property wrongfully transferred through undue influence. If the undue influence constitutes elder abuse, enhanced remedies, such as double damages or attorney’s fees, may be awarded.
- Undue influence may also involve criminal conduct. When threats, intimidation, physical force, or elder abuse are involved, the underlying conduct may result in criminal charges and potentially jail time.
- Undue influence claims can often be settled out of court. Parties may agree to invalidate documents or transactions, recover property, provide compensation, or pursue other remedies without going to trial.
Is Undue Influence a Crime?
In California, undue influence is primarily addressed as a civil matter rather than a crime. However, when a case involves extreme circumstances, such as elder financial abuse, serious threats, or physical violence, the underlying conduct may rise to the level of a criminal offense.
Although victims of undue influence may be frustrated that the influencer is unlikely to face criminal consequences, the individual can still be held accountable through probate or civil court proceedings. In many cases, these remedies provide victims and their families with a more meaningful outcome than criminal punishment alone.
For example, suppose a son unduly influenced a parent into changing their will to favor him just days before their death. Family members may be reluctant to involve law enforcement if doing so could expose their relative to criminal penalties. Instead, pursuing civil remedies could allow them to invalidate the later will, prevent the son from receiving the inheritance he wrongfully obtained, and potentially recover attorney’s fees and costs.
This, of course, is not to suggest that undue influence is any less harmful than similar forms of financial misconduct that constitute crimes. Rather, it reflects the fact that undue influence is generally treated as a private civil matter, rather than conduct that poses a significant threat to public safety warranting criminal prosecution.
What Happens When Undue Influence Is Proven?
When undue influence is proven in a probate or civil proceeding, the court generally imposes remedies intended to undo the effects of the undue influence and restore the victim or estate to the position they would have been in had the undue influence not occurred.
That said, proving undue influence can be challenging because these cases often rely on circumstantial rather than direct evidence. For this reason, consulting an experienced probate attorney with a strong track record of successfully handling undue influence cases can be critical to building a viable case and pursuing the best possible outcome.
What Civil Remedies May Be Available for Undue Influence?
In California, the civil remedies available for undue influence generally aim to undo the effects of the improper conduct and restore the victim or estate to the position they would have been in without it.
For example, if an elderly person is unduly influenced to change their estate planning documents in the influencer’s favor, the resulting remedies may include invalidating the affected document and, when appropriate, restoring an earlier estate plan.
Common remedies for undue influence generally include:
- Voiding a document, gift, or property transfer: A court may invalidate a will, trust provision, beneficiary designation, deed, gift, or other transaction resulting from undue influence.
- Recovery of assets: A court may order property or other assets wrongfully obtained through undue influence to be returned to the victim or estate.
- Compensation and other financial remedies: Depending on the circumstances, the victim may recover damages for financial losses, while a person who improperly benefited may be required to surrender profits or other benefits obtained through undue influence.
- Enhanced damages: When undue influence harms an elder, dependent adult, or other vulnerable individual, double damages may be available.
- Disinheritance: When undue influence affects a decedent’s estate plan, the court may prevent the influencer from receiving the benefit improperly obtained and, in some circumstances, treat the person as having predeceased the decedent for inheritance purposes.
- Attorney’s fees and costs: If the case proceeds to trial and the victim prevails, the court may order the party responsible for the undue influence to pay the victim’s attorney’s fees and litigation costs. However, such an award is never guaranteed.
Depending on the circumstances, multiple remedies may be available in the same case. An experienced probate attorney can evaluate the facts, identify the appropriate relief, and help pursue the remedies needed to achieve the desired outcome.
If the parties in an undue influence case choose to resolve the dispute through out-of-court negotiations or mediation, which is common, they may agree to many of the same remedies available through litigation. Unlike a court-imposed remedy, however, a settlement requires the parties’ mutual agreement and generally does not become binding until it is finalized and signed by everyone involved.
Undue Influence Penalties FAQs
Can you go to jail for undue influence in California?
Yes, although jail time for undue influence is rare.
In California, jail or prison time generally arises only when the conduct underlying the undue influence also constitutes a criminal offense, such as certain forms of elder or dependent adult financial abuse under the Penal Code. This typically involves particularly serious misconduct, such as threats, violence, or other unlawful actions, and arises in cases where liability is clear and undisputed.
That said, most undue influence cases result in civil rather than criminal remedies. Although civil remedies do not typically involve incarceration, they do often carry significant financial consequences. A person could be ordered to return property, lose an inheritance obtained through undue influence, pay damages, or potentially pay the opposing party’s attorney’s fees and costs.
When criminal charges are warranted, the potential sentence depends on the specific offense and whether it is charged as a misdemeanor or felony.
Does undue influence make a contract void?
Yes. When undue influence is successfully proven to have been used to obtain a contract that unfairly favors one party, the court may invalidate the contract or the provisions affected by the undue influence.
How do criminal penalties and civil remedies for undue influence compare?
Criminal penalties punish conduct that constitutes a crime under the California Penal Code, while civil remedies generally seek to undo transactions resulting from undue influence and compensate the individuals or estates harmed by them.
Although criminal consequences may apply in particularly egregious undue influence cases, they are the exception rather than the rule. Most claims are addressed through civil or probate court proceedings, where the goal is typically to restore the victim or estate.
This distinction also reflects the different burdens of proof. Criminal cases require proof beyond a reasonable doubt, while civil cases generally require a lower standard of proof. As a result, conduct that may support civil remedies for undue influence may not necessarily satisfy the evidentiary requirements for criminal conviction.
Can you get your money or property back after undue influence?
Yes, but only if you successfully establish that your money or property was obtained through undue influence.
When a court finds that money or property was improperly transferred as a result of undue influence, it generally orders the property or funds to be returned to you or the estate. You may also be entitled to other financial remedies, such as damages, depending on the circumstances.
In the event the money has already been depleted or the property has been sold or transferred, recovering it could become more complicated. An experienced probate attorney can review the circumstances and assess the remedies available to determine the best approach for pursuing recovery.
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