How Do I Contest a Will for Undue Influence?

You may notice that once a new caretaker, acquaintance, romantic partner, or estranged relative enters your loved one’s life, they begin isolating themselves from the people they were once closest to. Then, at the reading of their will upon their unfortunate passing, you may be shocked to discover that they left most or all of their estate to this seemingly random individual. With this, you may have no choice but to suspect that this individual fostered an undue influence during your loved one’s making and signing of their will. This may motivate you to involve the New York State Surrogate’s Court. And so, please follow along to find out how to successfully contest a will based on the grounds of undue influence and how a proficient Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC, can help you achieve justice on your loved one’s behalf.

How do I contest a will based on undue influence?

As the plaintiff of a will contest, you must satisfy the burden of proof and have clear and convincing evidence that a third party coerced your loved one in making certain decisions with their will that went directly against their true wishes. Here, you may have pivotal medical evidence that underscores how your loved one’s health condition made them vulnerable to such wrongful influence (i.e., old age, a history of emotional distress, an Alzheimer’s disease diagnosis, etc). Then, you may acquire your loved one’s financial and estate planning records to highlight how they abruptly, drastically altered their estate plans, and the third party heavily benefited from these changes (i.e., new beneficiary designations, new inheritance distributions, etc).

Of note, the primary statute of limitations to contest a will is within six months of the will being admitted to probate in the New York State Surrogate’s Court. Waiting too long may make it impossible to execute this legal action, even if your grounds for undue influence are quite legitimate. And so, for the betterment of your case and the sake of your loved one, you must retain the services of a skilled attorney as soon as possible, who may assist you in filling out and filing the appropriate paperwork before this deadline rapidly approaches.

What happens if I successfully contest a will for undue influence?

If you successfully satisfy your burden of proof, the New York State Surrogate’s Court may rule to either partially or fully invalidate your loved one’s will. This means that the distribution of your loved one’s property and assets according to the instructions left in their will is voided. Instead, the court may conduct this administration based on the state’s intestacy laws. Briefly, this means inheritances will be given to a surviving spouse first, then children, parents, siblings, and other extended family members if necessary.

As soon as you find yourself in potential legal trouble, you must retain representation and advisement from a talented estate planning attorney in Putnam County from the Law Office of Andres D. Gil, PLLC. You should not have to put up this fight alone; we are here to help you.