• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Long Island Estate Planning Attorneys

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

  • Attend Our Free Webinars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • Webinars
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Wills » What Must I Show to Prove Undue Influence If I Contest My Father’s Will?

What Must I Show to Prove Undue Influence If I Contest My Father’s Will?

December 3, 2019 by Anthony Moccia

Harrison probate attorneyWhen it comes time to learn the terms of a loved one’s Last Will and Testament, there are typically no real surprises. Occasionally, however, the terms of the Will are not at all what was expected. In fact, the entire Will doesn’t sound like something the decedent would have written. If you recently lost your father, and find yourself shocked by the terms of his Will, you may have reason to believe that someone exerted “undue influence” over your father at the time that Will was executed. If so,  a Harrison probate attorney at the Law Offices of Kobrick & Moccia explains what must be shown in New York to prove undue influence in a Will contest.

Challenging a Will during Probate

Probate is the legal process that is typically required after the death of an individual. Probate is intended to serve several functions, including the authentication of a Last Will and Testament submitted on behalf of the decedent. If the Will is authenticated, the terms of that document will then be used to determine how the decedent’s estate assets are distributed.

When a Will is submitted for probate, however, any “interested party” has the right to contest the validity of the Will. If a Will contest is successful, the Will submitted for probate is declared invalid and the New York intestate succession laws are used to distribute the decedent’s assets. Being surprised, or unhappy, with the terms of a decedent’s Will is insufficient reason to contest a Will though. To challenge a Will, a contestant must allege (and ultimately prove to prevail) at least one of the available legal grounds on which a Will may be invalidated. In the State of New York, the available grounds include:

  • Undue Execution
  • Revocation
  • Incapacitation
  • Fraud
  • Undue Influence

What Is Undue Influence?

Incapacitation and undue influence are frequently alleged as grounds on which a Will should be declared invalid. Undue influence is often alleged to have occurred when the decedent was isolated by a caregiver for a period of time prior to death and loved ones question the relationship between the decedent and the caregiver. More specifically, they question the influence that caregiver had over the decedent during the execution of the Will in question. This individual could be a paid caregiver who is a relative stranger or it could be a family member. Typically, the “influencer” slowly and methodically cuts off the individual from the family by screening telephone calls and discouraging in-person visits. When the individual passes away, the family learns that drastic changes were made to his/her Will just weeks prior to death and those changes result in leaving a significant portion of (or all) his/her estate to the caregiver. Often, the terms of the new Will are also in direct opposition to promises made or to the terms of a prior Will.

How Do I Prove Undue Influence?

If you have reason to believe that someone executed undue influence over your father at the time his Will was executed, you certainly have the right to contest that Will. Only an experienced probate attorney can review the unique facts and circumstances surrounding that execution and provide you with an opinion as to your chances of success. In general, however, In the State of New York a contestant has the burden of proving that undue influence was present at the time a Will was executed. That contestant must show the following by a preponderance of the evidence the:

  • Existence and exercise of undue influence AND
  • Effective operation of undue influence as to subvert the mind of the Testator at the time of the execution of the Will AND
  • Execution of a Will that, but for undue influence, would not have occurred.

Contact a Harrison Probate Attorney

Please feel free to download our FREE estate planning worksheet. If you have additional questions or concerns regarding undue influence in a New York Will contest, contact a Harrison probate attorney at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.

  • Author
  • Recent Posts
Anthony Moccia
Anthony Moccia
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
Anthony Moccia
Latest posts by Anthony Moccia (see all)
  • “Last Will and Testament” Origin - April 1, 2021
  • Do I Need a “Durable” Power of Attorney? - April 2, 2020
  • Joint Tenancy Pros and Cons - March 31, 2020

Filed Under: Wills

Other Articles You May Find Useful

Harrison estate planning lawyer
Can I Do Anything to Prevent Someone from Contesting My Will?
Hauppauge estate planning lawyers
Mistakes to Avoid When Making Your Will
Harrison estate planning attorneys
How Do I Prove Lack of Testamentary Capacity in a Will Contest?
Creating a Will
Steps for Creating a Will
Types of wills
Are There Different Types of Wills?
Pour over will
What Is a Pour Over Will?

Primary Sidebar

Law Offices of Kobrick and Moccia

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2023 American Academy of Estate Planning Attorneys, Inc.