When a loved one passes away and unexpectedly leaves the majority of their estate to a new acquaintance, caregiver, or estranged relative, it can raise serious concerns about their mental state at the time the will was created or updated. Unfortunately, these sudden and confusing changes may be the result of undue influence, rather than the wishes of the testator. If you find yourself in this predicament, please continue reading to learn how to prove undue influence when you contest a will and how an experienced Putnam County estate litigation attorney at the Law Office of Andres D. Gil, PLLC can help you seek justice for the sake of yourself, your fellow intended beneficiaries, and your loved one’s legacy.

What Is Undue Influence Under New York Law?

Under New York law, a will can be deemed invalid if it is proven that undue influence destroyed the testator’s intentions and agency and substituted another individual’s wishes as their own. These claims are governed in accordance with New York Estates, Powers and Trusts Law, and handled by the Surrogate’s Court during the probate process.

Under New York probate law, undue influence occurs when someone in a position of trust or authority uses that power to manipulate the free will of the testator. As such, the will may reflect the desires of the individual, rather than the testator’s genuine intentions for their estate following their passing. To successfully prove claims of undue influence, the contestor must show that the amount of influence exerted by the individual over the testator reached moral coercion, ultimately compelling the testator to act against their genuine wishes.

Claims of undue influence in Putnam County and throughout New York are handled by the Surrogate’s Court in the county where the decedent resided.

Examples of Undue Influence

  • The influencer exerted pressure on the testator’s agency
  • The testator was particularly vulnerable due to age, illness, or isolation
  • A confidential or fiduciary relationship existed between the parties
  • The result will disproportionately benefit the alleged party exerting influence
  • The will is significantly different from prior versions or other existing estate planning documents

What Are Common Signs of Undue Influence in Putnam County?

If you have a loved one who is particularly vulnerable, understanding the signs that they may be a victim of undue influence and manipulation is critical. Unfortunately, these relationships often begin gradually and may seem unassuming at first. However, the sooner you can recognize the red flags, the better the outcome may be for the true beneficiaries of the estate.

Warning Signs That Can Indicate Undue Influence

  • Your loved one may isolate themselves from visits and calls with other family members, friends, or social support systems.
  • Your loved one may make a sudden change to their bank accounts, such as draining a majority of their life savings.
  • Your loved one may make a sudden change to their estate plan, such as leaving their entire estate to their caregiver.
  • Your loved one may appear withdrawn and increasingly depend on their caregiver to speak on their behalf.
  • Your loved one may complain about their caregiver withholding their medications or care needs until they perform certain acts.

How Do I Contest a Will on the Grounds of Undue Influence in Putnam County?

If you have reason to believe your loved one is a victim of undue influence, you’ll need to file an objection in the Surrogate’s Court once the will is formally filed for probate. If your loved one resided in Putnam County, you’d need to file with the Putnam County Surrogate’s Court.

Before formally contesting a will in New York, you must establish strong legal standing. In general, this means you must have been a named beneficiary under a previous version of the will, or a legal heir in accordance with New York intestacy laws.

Evidence Commonly Used to Prove Undue Influence

  • Medical records illustrating a clear cognitive decline or diminished capacity
  • Testimony from those close to the decedent, like friends, family, and medical providers
  • Financial records showing unusual withdrawals or transfers beginning around the time the relationship started
  • Emails, letters, or other communications showing undue influence
  • Forensic documentation if forgery is suspected

As the party challenging the validity of the will, it is your responsibility to fulfill the burden of proof through convincing evidence.

What Is the Deadline to Contest a Will in New York?

In New York, matters related to the will of a decedent are handled quickly. As such, understanding how long you have to contest the will is imperative to ensuring you fight for the rights of your loved one.

Generally, under New York law, objections to the will must be filed within six months of the issuance of the Letters Testamentary from the Surrogate Court proceedings. Failure to file your challenge within this timeline can result in a permanent bar from action, even if undue influence has occurred.

What Happens if a Will Is Successfully Contested?

In the event that the Putnam County Surrogate’s Court finds evidence that someone has exerted undue influence over your loved one, ultimately prompting them to change their will, there are generally two outcomes that can occur: the court may invalidate the entire will, or strike impacted sections. The court may then:

  • Reinstate a prior version of the will, if one exists
  • Distribute assets in accordance with New York Intestate Succession Laws
  • Remove the individual from the inheritance
  • Appoint a different individual to act as the executor, personal representative, or fiduciary

Contact an Experienced Estate Litigation Attorney Today

At the Law Office of Andres D. Gil, we understand that navigating the grief of losing a loved one can be difficult as is. However, when you suspect they were taken advantage of prior to their passing, this matter can become downright overwhelming. As such, our team is here to help you through these difficult times. We can examine your circumstances to help you in the fight for the best possible outcome. Contact us today to learn how we can represent you.