Suffolk County Estate Litigation

Located on the easternmost side of New York, Suffolk County is number 4 of the richest counties in America, according to Forbes Magazine. The median household income for those in the county was $122,498 between 2018-2022. It is home to people of all different ages including a large percentage who are ages 25-55. The median age is 36 years. Around 23.30% of people in the county are ages 45 to 64. Many in this age range are faced with ailing parents while also raising children. It is important to seek legal representation for complex legal matters, particularly when it’s believed that loved ones who have passed or are close to dying are being manipulated into changing their wills or trusts. Undue influence frequently takes place behind closed doors with no witnesses and with little documentation to support the claim. Undue influence is difficult to prove for many reasons. Whether you need to bring a claim or defend against one, you should call trustworthy Suffolk County undue influence lawyer Jules Haas. He has 40 years of experience handling these matters.

Suffolk County and the rest of the state regards last wills and testaments valid when the testator, or person making the will was competent to execute it, executed it of their own free will, and also followed the formalities required for wills under New York law. Undue influence is appropriate to assert in situations where someone has gotten hold of the assets of a vulnerable person or a person to whom they stand in a position of trust. Both wills and trusts can be challenged if any of these elements of their execution is missing. Only those who have a financial interest or standing under the law to contest the will or trust may bring a will or trust contest in which they raise undue influence.

A lawyer trying to prove undue influence needs to demonstrate that someone named in the will that’s being probated manipulated the testator into drafting the will in a way that he wouldn’t otherwise have done. The same is true for trusts. In general, adults, even elders, can make legal decisions for themselves unless a conservator or guardian has been appointed. However, in some cases, there is a special relationship of trust or impaired cognitive capacity between the adult and another person that gives cause for a will contest or trust contest based on undue influence.

However, will or trust contests arising out of undue influence can be hard for claimants to establish after a decedent has passed because that influence typically occurs without witnesses. For instance, it may happen when a vulnerable adult is alone with a caregiver or other trusted party, or when an elderly person meets a stranger on the Internet or elsewhere, and that stranger has nefarious designs.

Conversely, sometimes those who have been disinherited may have a bone to pick for other reasons and allege undue influence without knowing the full facts of the relationship between the decedent and the person who inherited certain assets. Sometimes late in life, people develop different relationships than the ones they had earlier in the life, or come to see their friends and family differently.

The only person who could know for sure why they changed their will or trust is the testator, but when they’ve passed, they can’t testify in a legal proceeding about the reason for the change. When a will contest is brought on these grounds, the court will need to look at a range of factors. If lawyers can show that a will being probated was created with undue influence, the New York Surrogate’s Court will invalidate it. Similarly, when a revocable or nonrevocable trust is being challenged and undue influence is shown, the Surrogate’s Court may have the jurisdiction to decide the contest.

Mr. Haas is a trustworthy Suffolk County estate litigation attorney who has handled probate and estate planning matters for 40 years. He represents individuals, families, estate administrators, heirs, and other parties interested in estate proceedings. Contact Mr. Haas via our online form or call him at (212) 355-2575 to schedule a free consultation.