What Is Undue Influence?

Essex County Probate Attorney

Undue influence occurs when an individual commits an act that overcomes the free will of another person. Has someone made that charge against you? Unlike duress, undue influence is not created through force or the threat of force, but through flattery, trickery or other types of deception. In terms of probate law, undue influence can affect the maker of a will or trust and lead them to provide a larger inheritance for someone whom he or she would not normally bequeath such a large amount.

In order for undue influence to occur, the decedent must have been ill, frail, or susceptible to the new beneficiary in some way and the new beneficiary must have exploited that power over the decedent. There are many factors that cause someone to suspect that undue influence has occurred, such as property being left in an unexpected way or that the will was drafted in secret.

If you believe a close friend or relative of a late loved one used undue influence to alter his or her will, it is important to immediately begin pursing your rightful inheritance with the guidance of a West Orange probate attorney. Even though your loved one has passed, we can still assist you in seeking the assets that they wanted to leave for you. I understand that probate and estate planning matters often involve friends and family members, and I can seek to restore the estate as amicably as possible. If the estate cannot be restored without litigation, I can skillfully represent your best interests in the courtroom.

Have you been accused of undue influence?

If you have been accused of undue influence, my firm can help protect your rights and interests. With more than two decades of experience, I possess the seasoned legal knowledge needed to help defend you against these allegations.

Every case is different and not all influence is "undue". My firm can review the specifics of your case, such as the mental stability of the decedent as well as the accusations of wrongdoing, to build a comprehensive defense against the accusations. Sometimes the best option for your financial situation is to keep the dispute out of court, and I can seek to negotiate with the opposing parties on your behalf. If a negotiation cannot be reached, you can rest assured that I am well-equipped to aggressively represent your interests during the entire litigation process.

Enlist a West Orange Probate Lawyer for Your Case

When dealing with suspicions of undue influence, it is important to obtain representation from a proven Essex County probate lawyer you can trust. In my over 30 years of experience, I have earned numerous accolades, and I pride myself on putting the interests of my clients above all else.

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To learn how my team can assist you in a probate case involving undue influence, contact my firm today.