Long Island Lawyer for Undue Influence Claims

Under some circumstances, when a will is read or the terms of a trust are divulged, those who learn of those provisions feel angry and surprised. Sometimes there are drastic changes made to a 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. 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?

“Undue influence” is one of the grounds by which a will or trust can be challenged because there is evidence that suggests someone took advantage of the decedent before they 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 received 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. For example, there may be undue influence if a decedent had developed Alzheimer’s before he died such that he or she forgot his son and daughter while making a will and a live-in caregiver was left a house and other property in Long Island. Under such circumstances, it might also be appropriate to challenge a will on the grounds of testamentary capacity.

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. Using the example above, an Alzheimer’s patient may be fully dependent on a caregiver, and so the caregiver may be able to place undue influence on the testator through such means as planting the idea of leaving her a bequest, lying to the testator about his son and daughter, or withholding food or other care unless the testator changes his will.

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 over 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.