Undue Influence Attorney Representing Clients in Queens

The person who makes a will is known as a testator. Unfortunately, vulnerable testators of various ages can be improperly influenced into distributing their property in their will in a way that they didn’t truly intend. Whether you were accused of using undue influence to obtain a bequest of property or you believe another person used undue influence on your loved one to get their hands on property through a will, it is crucial to talk to a seasoned Queens undue influence lawyer about your situation. Experienced lawyer Jules Haas may be able to use his 40 years of experience handling wills and trust contests to help you.

Grounds for a Will Contest

The probate process is kicked off in Queens when a decedent’s will is filed with the probate court. The authenticity of the will must be established, and only then do the will’s instructions begin to take effect. An interested party has the right to contest the will’s validity. The primary law governing will contests in Queens is the Surrogate’s Court Procedure Act. There are many different grounds on which a will contest can be brought by an interested party, and one of these is “undue influence.”

Certain circumstances may be particularly suspicious, such as when the testator has been isolated from family members and friends; the testator is dependent on the alleged undue influencer for care or financial support; there are unusual provisions in the will such as the disinheriting of close family; or the person believed to be an undue influencer was involved in preparing the will or trust.

If the challenge to the will submitted to probate is successful, the court voids the will. New York’s intestate succession laws may be used to figure out to whom property should be distributed instead.

Elements of Undue Influence in Queens

The person contesting a will bears the burden of proof to show: (1) motive, (2) opportunity, and (3) exercise of undue influence. In most cases, the motive for influencing someone to make a certain bequest in their will is straightforward; the influencer likely was motivated by the prospect of financial gain. Typically, the terms of the will that is being contested indicate that the influencer will receive property or money. The size of the estate and the closeness of the relationship between the testator and influencer will show whether the bequest seems natural or reasonable.

The person challenging the will must establish undue influence by a preponderance of the evidence, which includes demonstrating the existence and exercise of undue influence, its impact on the testator, and that the will wouldn’t have been made otherwise. Establishing undue influence also requires the person challenging the will to prove opportunity—that the influencer had access to the testator and had information about their estate whereby he or she could exert influence in connection with it. Opportunity depends on the circumstances. It may exist because the testator is disabled, has a weakened mental state, is isolated, is elderly, is depressed, or placed full confidence in the influencer. 

These factors can both exist, however, without there being actual undue influence. The person challenging a will needs to show that there was the actual use of undue influence against the testator, causing him or her to provide a surprising benefit to the influencer. There may be an actual use of undue influence if the influencer suggested changes to the will that advantage him or her. Sometimes it’s possible to partly establish undue influence, then, by showing that there were earlier wills (or trusts) that didn’t include a financial advantage to the influencer.

Call an Undue Influence Attorney in Queens

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