You may find it slightly suspicious when a certain family member becomes particularly close with them towards the end of their life. And you may be completely taken aback when you do not get the inheritance you anticipated or were promised, but instead, a majority of your loved one’s estate goes to this said family member. Well, when putting the puzzle pieces together, you may grow to realize that acts of undue influence were potentially at play. 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 are signs that my loved one possibly fell victim to undue influence?
In the context of estate planning, an undue influence means that an individual in a position of power takes advantage of a more vulnerable, likely elderly individual to get them to sign off on a will, trust, or deed that does not necessarily reflect their sincere wishes. More often than not, this individual in a “position of power” is a family member who steps into a caregiver role over a loved one. With that being said, below are signs that your loved one may have possibly fallen victim to undue influence promoted by their caregiver:
- 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- Your loved one may appear withdrawn and increasingly depend on their caregiver to speak on their behalf.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 prove undue influence existed when I contest a will?
It is not enough to claim undue influence to the New York State Surrogate’s Court. That is, to effectively contest your loved one’s will, you must back up with claim with a sufficient amount of evidence. For starters, you must prove that a confidential relationship between your loved one and the alleged influencer existed and that suspicious circumstances arose during their relationship.
From here, you may provide your loved one’s medical records, which may demonstrate that they had a physical or mental condition that made them especially dependent on the alleged influencer and thereby particularly vulnerable to acts of undue influence. If applicable, you may dig up a copy of their previous will they nulled and voided; you may then show its stark contrast to the existing will they established once the alleged influencer entered their life. Last but not least, you may even obtain a forensic document examiner for your claim proceedings. This is if you suspect that the alleged influencer forged your loved one’s signature on their estate planning documents.
We hope that this blog offers the insight you were searching for. For more information, we encourage you to contact a skilled Putnam County estate planning attorney from the Law Office of Andres D. Gil, PLLC today.