Bronx Undue Influence

Seasoned Undue Influence Lawyer Representing Clients in the Bronx

Families of all income levels can face difficulties sorting through a loved one’s estate after his or her death. Whether you believe that somebody else used undue influence to obtain a bequest of a loved one’s estate property or an interested party has accused you of using undue influence to acquire a decedent’s property, you should consult knowledgeable Bronx undue influence lawyer Jules Haas. He can put insights and experience gained over 40 years of experience handling will and trust contests to work for you.  

When Is It Undue Influence?

It is undue influence when someone takes advantage of the testator (person who makes the will) to influence them to create a will or trust that gives that person surprising and improper benefits. It can be difficult for a layperson to figure out whether undue influence has occurred. To contest a will on the grounds of undue influence, Mr. Haas will need to show the court motive, opportunity, and actual exercise of undue influence. In many instances, establishing the motives for undue influence involves proving that the undue influencer gained a significant financial benefit. For example, undue influence might be suspected if a Bronx testator made a new will that disinherited a husband and child but left a substantial sum and an apartment to the attorney who drafted the will.

There also must have been an opportunity for the undue influencer to exert pressure; often such opportunities arise because the decedent is very dependent on the undue influencer or otherwise has a confidential relationship with them. It’s important to examine the relationship between the decedent and the undue influencer and the specific circumstances surrounding the execution of the will or trust. Oftentimes, the specific circumstances involve the physical or mental deterioration of the decedent prior to his or her death. Where a decedent had a serious medical condition like Alzheimer’s, dementia, or physical disabilities, he or she may have relied heavily on a caregiver. If, for example, a family member can testify that he or she witnessed a caregiver get overly involved in preparing the will of a dementia patient and that caregiver was bequeathed a sizeable portion of the patient’s estate, this evidence may be used to establish the invalidity of the will in the Bronx Surrogate’s Court.

Likewise, to prove the court should uphold a will against a challenge of undue influence, Mr. Haas will need to establish that one of these elements—motive, opportunity, and actual influence—did not exist. For instance, if the decedent didn’t rely in any way on the person alleged to be an undue influencer but simply bequeathed property out of affection, a challenge to the will may not be successful. Or, for another example, if a spouse and children treated the decedent poorly and as a result, the decedent had made a new will that bequeathed his house to a cousin without that cousin’s knowledge, there may not be undue influence by the cousin.

Burden of Proof

Whoever contests a will bears the burden of proof to prove that there was undue influence. The burden will shift to the undue influencer, however, when it can be shown that there was a “confidential relationship” between the influencer and the decedent and other suspicious circumstances existed. A confidential relationship exists where there is a unique degree of trust between the parties and one of the parties has superior expertise or knowledge and has a duty to represent the other’s interests. There is a confidential relationship, for example, between an attorney and a client or a doctor and a patient. However, a confidential relationship can also exist based on the nature of a relationship where a decedent was dependent upon and subject to the control of the purported influencer.

When a confidential relationship and suspicious circumstances exist, and there was no close family relationship between the influencer and the decedent, the influencer will need to establish by clear and convincing evidence that the bequest at issue was fair and voluntary in order to show that the will should be upheld.

Consult an Undue Influence Attorney in the Bronx

Experienced Bronx undue influence lawyer Jules Haas possesses four decades of experience offering personalized and attentive legal representation to interested parties, heirs, trustees, beneficiaries and estate administrators. He also handles estate administration, probate, guardianship proceedings, and Surrogate’s court cases. Contact Mr. Haas through our online form or call (212) 355-2575 for a free consultation.