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Undue influence may give way to will contests in New York

| Aug 17, 2018 | Probate |

After the passing of a family member, it is common for tensions to run high. Surviving loved ones are often in emotional states, and a simple issue could easily turn into a significant one. In particular, New York families may face difficulties if will contests come about during the probate proceedings for their deceased loved ones’ estates.

Of course, in order to contest a will, a valid reason is needed. One of the most common reasons for contesting a will is if someone took advantage of a vulnerable person in hopes of gaining some or more of the estate. This action is commonly known as using undue influence over the person. The individual is typically a person who spends a considerable amount of time with the creator of the will, such as a caretaker.

Concerns may arise if family members expected some type of inheritance and learned after their loved one’s death that an unexpected person ended up with the majority or a considerable amount of the estate. If family members believe that someone unduly influenced their loved one, they may want to take legal action. Contesting a will means following the necessary court procedures in order to determine whether the terms of the will reflect the deceased’s true intentions.

Believing that someone took advantage of a vulnerable loved one for personal gain can be difficult for surviving family to handle. Of course, they do have options for working toward the outcome that would more truly reflect their loved one’s wishes. If New York residents believe that they have reason to carry out will contests due to undue influence or other issues, they may wish to consult with knowledgeable attorneys about the process.