A recent Michigan Court of Appeals case is a good reminder that changing an estate plan late in life can create problems when the person benefiting from the change is also the person helping make it happen.
The case is In re Estate of Lawrence Lowell Washington, Jr., decided by the Michigan Court of Appeals on September 4, 2026.
The case involved undue influence. In simple terms, undue influence occurs when another person’s influence becomes so strong that an estate plan no longer reflects the person’s own free choice.
The Court ultimately upheld the decision not to accept a newer Will because the circumstances created a presumption of undue influence, and the person benefiting from the Will did not provide credible evidence to overcome that presumption.
Why This Matters
Lawrence Washington had a Will from 2016 that divided his estate between two of his sisters.
Then he became seriously ill with cancer.
While he was sick, his niece, Latricia, became much more involved in his affairs. She obtained power of attorney and eventually became his 24-hour caregiver.
Lawrence’s estate plan then changed dramatically.
His niece prepared a new Will on a computer based on what she said were Lawrence’s instructions. Under that new Will, she would receive essentially his entire estate. Her husband was one of the witnesses.
Just days earlier, Lawrence had also signed a deed adding the niece to his home with a right of survivorship. That meant she would receive the home automatically at his death.
Lawrence died about a month later.
His family challenged the new Will.
Michigan law recognizes that there are situations where the circumstances themselves can create a presumption of undue influence. Generally, that can happen when three things come together:
- A person is in a position of trust or authority over someone.
- That person benefits from the transaction.
- That person had the opportunity to influence the decision.
The Court found all three circumstances here.
The niece held Lawrence’s power of attorney. She benefited greatly from the new Will. And she was living with Lawrence, caring for him around the clock, and had actually prepared the Will that left the estate to her.
That did not automatically mean she had done something wrong.
But it did mean she needed credible evidence showing that the new Will truly represented Lawrence’s independent wishes.
That became the problem.
The trial court did not find the niece’s testimony or her husband’s testimony credible enough to overcome the presumption. There was also little independent evidence showing that Lawrence had made this dramatic change on his own.
The Michigan Court of Appeals upheld the trial court’s decision. The 2022 Will was not accepted.
Good Planning Should Be Independent Planning
There is an important lesson here that goes beyond this particular family.
People are allowed to change their estate plans.
They can leave more to one child than another. They can benefit a caregiver. They can change their minds about who receives the house. They can even make decisions their family does not understand or agree with.
But when a major change is made while someone is seriously ill, dependent on another person, or nearing the end of life, how the planning is done becomes extremely important.
If the person receiving the inheritance finds the forms, prepares the Will, arranges the signing, participates in meetings, or otherwise controls the process, it can create questions later.
A better approach is to give the person making the estate plan an opportunity to meet privately with an experienced estate planning attorney.
The attorney can ask questions. The attorney can make sure the client understands the choices being made. And, perhaps most importantly, the attorney can hear directly from the client why the changes are being made.
That independent advice can become very important if someone later claims the plan was the result of pressure or manipulation.
Simple Lesson
A good estate plan should not only reflect your wishes. It should be created in a way that helps prove they really were your wishes.
That becomes especially important when making significant changes later in life or when one beneficiary is also serving as caregiver, agent under a power of attorney, or other trusted helper.
Action Step
If you or a family member is considering a significant estate plan change, particularly during an illness or after one person has taken on a major caregiving role, be careful about the process.
Get independent advice. Meet privately with your attorney. Explain why you want the change.
A little extra care today may prevent an expensive and painful family fight later.
If this topic raises questions for you or your family, feel free to call (517) 548-7400 or contact us online: https://www.michiganestateplans.com/contact-us
