Long Island Lawyer for Undue Influence Claims

Long Island in New York is a densely populated island in the southeastern part of the state and the largest island in the contiguous United States. It is made up of four counties: Kings, Queens, Nassau and Suffolk. As of 2020, these four counties have a population of 8,804,190, a significant percentage of the state’s population. The westernmost side of the area includes Queens and Brooklyn, while the other parts contain Suffolk and Nassau counties. The latter have the 10^th and 26^th highest median household incomes in the country. Those who make wills and trusts in Long Island can face improper efforts to influence their bequests. Whether you believe someone else improperly received money or property from your loved one’s will by means of coercion, or if you are accused of using undue influence to obtain a bequest, you’ll need an experienced Long Island undue influence attorney. Call Jules Haas, who has 40 years of experience providing personalized legal representation to all different interested parties in wills and trusts contests.

What is Undue Influence?

There are situations in which a will is read or the terms of a trust are divulged and those who learn of those provisions feel angry and surprised. Sometimes there are drastic changes in the will close to the decedent’s end of life or a new will that loved ones were previously unaware of. There are a number of grounds on which a will (or trust) contest can be brought. One of these is undue influence.

“Undue influence” occurs when someone has taken advantage of the person who has since passed away, influencing them to provide the influencer with startling and inappropriate bequests or inheritances. Undue influencers are frequently trusted advisors (such as those who help with accounting or other financial affairs), health care workers and caregivers, relatives who want the entire estate, and friends.

In order to contest a will on the basis that there was undue influence, Mr. Haas must establish that there was motive, opportunity, and the actual use of undue influence against the decedent. Motives for undue influence can vary but they typically involve establishing that the influencer got a significant economic benefit by exerting pressure on the decedent. Opportunity can be shown only if there was a chance for the influencer to change the decedent’s mind about who to leave money or assets to. Mr. Haas will look carefully at the circumstances that surrounded the decedent’s execution of the will or trust. It’s not uncommon for undue influence to exist because the decedent was vulnerable in terms of a disability or old age. Sometimes undue influence occurs, for example, when a disabled person is fully in the care of the influencer, and the influencer uses that position to get the disabled person to change his or her will.

The influence needs to be “undue.” In other words the influencer’s actions have to be equal to mental coercion that caused the testator to carry out the influencer’s wishes rather than their own. Typically, a lawyer must show that the testator was unable to resist the influencer’s pressure such that the coercive behavior overwhelmed the testator’s own testamentary intent.

Meeting the Burden of Proof

In a will contest, the person who is contesting the will has the burden of proof to establish that there was undue influence. If, however, the person challenging the will can show a confidential relationship between the influencer and the person who died, and there were suspicious circumstances, the burden will shift to the person being accused of undue influence to show by clear and convincing evidence that the terms of the will that are at issue were fair and voluntary.

Discuss Your Undue Influence Case with a Long Island Lawyer

Knowledgeable Long Island undue influence attorney Jules Haas has gathered 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 him at (212) 355-2575 for a free consultation.

Client Reviews

I am very grateful to Mr. Jules Martin Haas attorney of law in New York. I am from Buenos Aires Argentina. He managed with expertise a very difficult situation. of a complicate heritage from my aunt Anna Grodzka that lived and died a very long time ago in New York. I recommend him not only for his...

Irma CW Peusner

I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas'...

Devida Nedd

I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services.

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I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very...

Robyn Stafford

Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the...

Diana Janer

I just completed an estate transaction where Jules Haas represented my client in an estate and he did a great job! He was very quick at responding to all matters throughout the sale process, he was detailed, he was knowledgeable and he was a pleasure to work with. I just recommended him to some new...

Rodolfo Lucchese

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