Facing the loss of a family member is never easy. Beyond the emotional challenges of this difficult time, distributing their assets can become even more complicated when questions arise about the validity of their will. Under such scrutiny, what should be a straightforward distribution of their properties can suddenly become an intricate web of legal complexities.
In New York, state courts take these claims seriously, recognizing that vulnerable individuals, such as older adults and those with illnesses, may be susceptible to manipulation when making crucial decisions about their estate. If someone exerts improper pressure on your loved one during the will-making process, it could render the document invalid.
What to expect when challenging a will
If you suspect your loved one’s will does not reflect their true wishes due to someone else’s manipulation, you have the right to challenge it. Courts consider various factors in these cases, including the relationship between the influencer and your deceased loved one, your loved one’s mental and physical condition at the time and any suspicious circumstances surrounding the will’s creation or changes. Proving that the influence was indeed undue can be a challenging process that requires careful gathering of evidence and expert legal assistance.
Protecting your loved one’s true wishes
Understanding undue influence is crucial if you are considering contesting a will in New York. If you successfully prove undue influence in drafting the will, it can lead to the invalidation of part or the entire document. This process aims to honor your loved one’s genuine intentions and protect their legacy from exploitation.