Undue Influence

Manhattan Undue Influence Attorney

Manhattan may be the smallest of the five boroughs of New York City, but it is considered a financial, artistic, and cultural capital of the world and possesses an outsize influence. It is home to Times Square, Broadway, Central Park, Penn Station, and Grand Central Station. Currently, Fifth Avenue is the second most expensive street to go shopping across the globe. The median household income in the borough is $80,610. Whether you suspect someone else used undue influence to secure interests in a loved one’s estate or you have been accused of exercising undue influence to acquire assets or money, it is critical to retain a seasoned Manhattan undue influence lawyer. Jules Haas has 40 years of experience handling these matters on behalf of interested parties and may be able to put his experience and legal insights to work for you.

What Is Undue Influence?

Undue influence exists if someone has taken advantage of a decedent and coerced them to create a will or trust that provides them unfair (and often surprising) benefits. To establish undue influence, Mr. Haas will need to prove: (1) the defendant had motive to exercise undue influence, (2) the defendant had opportunity to exercise undue influence, and (3) the defendant actually used undue influence to gain an advantage. Motives to unduly influence someone typically involve financial benefit. In order to establish undue influence, we would likely need to establish the size of the decedent’s estate, as well as what the person who exercised undue influence was in line to inherit.

Often a lawyer is able to establish opportunity when a decedent is dependent, whether fully or partially, on the defendant who is alleged to have influenced him or her. For instance, there may be an opportunity to unfairly influence someone who suffers from Alzheimer’s, dementia, cognitive disorders, physical disabilities or depression.

The third element—that undue influence was actually exercised—can be difficult to prove once the testator or grantor (the person who made a will or trust) has passed away. Generally speaking, however, undue influence involves the sort of pressure that is so heavy that it overcomes the decedent’s free will and results in assets being distributed or beneficiaries being named that reflect the desires of the undue influencer and not the testator or grantor’s real wishes.

We may need to establish that the influencer had been involved in putting together or executing the will. Sometimes this element can be demonstrated via testimony from family members, doctors, attorneys, close friends or advisors. It’s important to note that when a litigant is able to establish that there was a “confidential relationship” between the decedent and the defendant, the burden shifts to the defendant to prove that they didn’t use undue influence to gain a benefit.

A will or trust instrument may be voided if an attorney can prove that the instrument was the result of undue influence rather than reflective of a testator or grantor’s true wishes.

Factors Indicating Undue Influence

When certain factors exist, Manhattan courts may be more likely to find undue influence. These include a testator or grantor’s isolation, dependency, unusual or unnatural provisions. When someone who makes a will or trust is not around family members and friends, it is likely that another person seeking to influence him or her will gain the power to influence him or her. For instance, if a testator’s sons and daughters lived elsewhere, and the decedent became dependent on a friend who provided caregiving, it is more likely that the friend could have undue influence on the testator. Similarly, when a testator or grantor depends on another person who could exert undue influence, the court may find it more likely that there is undue influence.

Consult an Undue Influence Attorney in Manhattan

Seasoned Manhattan undue influence lawyer Jules Haas has 40 years of experience providing attentive, personalized legal representation to heirs, interested parties, trustees, beneficiaries, and estate administrators in will and trust contests. He also represent clients in estate administration, probate, guardianship proceedings, and Surrogate’s court cases. Contact him through our online form or call (212) 355-2575 for a free consultation.