Undue Influence

Undue Influence Attorney Representing Clients in the Bronx

The Bronx is the northernmost borough of New York City. It has a population of 1,472,654 over an area of 42 square miles of land, as of the 2020 census. The county was the third most densely populated county in the country in 2022. The median household income is $36,593 and 27.9% of Bronx residents live below the poverty line. Families of all income levels can face difficulties sorting through a loved one’s estate after his or her death. Whether you believe that somebody else used undue influence to obtain a bequest of a loved one’s estate property or an interested party has accused you of using undue influence to acquire a decedent’s property, it can be important to consult a knowledgeable Bronx undue influence lawyer. Seasoned attorney Jules Haas can put insights and experience gained over 40 years of experience handling will and trust contests to work for you.  

When Is It Undue Influence?

It can be difficult for a layperson to figure out whether undue influence has occurred. Generally, undue influence is actionable where a person took advantage of the decedent, influencing them to create a will or trust that gives the person surprising and improper benefits.

To contest a will on the grounds of undue influence, Mr. Haas will need to show the court motive, opportunity, and actual exercise of undue influence. In many instances, establishing the motives for undue influence involves proving that the undue influencer gained a significant financial benefit. There must have been an opportunity for the undue influencer to exert pressure; often these opportunities arise because the decedent is very dependent on the undue influencer. It’s important to examine the relationship between the decedent and the undue influencer and the specific circumstances surrounding the execution of the will or trust. Oftentimes, the specific circumstances involve the physical or mental deterioration of the decedent prior to his or her death. Where a decedent had a serious medical condition like Alzheimer’s, dementia, or physical disabilities, he or she may have relied heavily on a caregiver. If, for example, a family member can testify that he or she witnessed a caregiver get overly involved in preparing the will and that caregiver was given a sizeable portion of the decedent’s estate, this can be used to establish the invalidity of the will.

Likewise, to prove a will should be upheld against a challenge of undue influence, Mr. Haas will need to establish that one of these elements—motive, opportunity, and actual influence—did not exist. For instance, if the decedent didn’t rely in any way on the person alleged to be an undue influencer but simply bequeathed property out of affection, the challenge to the will may not be successful.

Burden of Proof

Whoever contests the will bears the burden of proof to prove that there was undue influence. The burden will shift to the undue influencer, however, when it can be shown that there was a “confidential relationship” between the influencer and the decedent and other suspicious circumstances existed. A confidential relationship exists where there is a unique degree of trust between the parties and one of the parties has superior expertise or knowledge and has a duty to represent the other’s interests. There is a confidential relationship, for example, between an attorney and a client and a doctor and a patient. However, a confidential relationship can also exist based on the nature of a relationship where a decedent was dependent upon and subject to the control of the purported influencer.

When a confidential relationship and suspicious circumstances exist, and there was no close family relationship between the influencer and the decedent, the influencer will need to establish by clear and convincing evidence that the bequest at issue was fair and voluntary in order to show that the will should be upheld.

Consult an Undue Influence Attorney in the Bronx

Experienced Bronx undue influence lawyer Jules Haas possesses 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 (212) 355-2575 for a free consultation.