Overcoming the Problem of Inappropriate Affect – New York Property Planning Lawyer Weblog – Dec 7, 2020
It’s not an unusual story. In the past few years or months, a loved one decides to leave a large amount of fortune to someone they have just met. Often times, these estate plans oppose previous assignments that would have passed assets on to family members. In these situations, family members and loved ones often wonder whether they can invoke undue influence. This article takes into account the nature of such arguments.
The legal basis for claims for undue influence
In New York undue influence describes the influence of destroying the influence of a person involved in estate planning and replacing another plan in his place. As a result, complexities such as fear, need for peace, or an irresistible urge force the estate planner to make decisions against their will.
In order to determine undue influence, several elements need to be determined, including the fact that such influence was asserted, that such influence overwhelmed the mind of the estate planner, and that the estate planner would not have made such a plan without the influence of the external individual.
Many people believe that it will be easy in a court of law to determine that an improper influence has occurred. In reality, it is important to remember that there are several factors to be determined. These factors include critical things such as the relationship between the estate planner and the potential influence, opportunities to exert undue influence, and the mental and physical condition of the estate planner at the time of preparing estate planning documents.
What Inappropriate Influence In Application Means
In practice, it is often difficult to determine if there is an inappropriate influence, since it is seldom that more than indications can be provided. In order to successfully argue an inadequate influence, various elements must be clearly defined, including the vulnerability of the victim, the authority of the influencer, and the fairness of the outcome.
Understandably, the threshold for demonstrating an inappropriate influence is often particularly high. In case of Affair with GorbanA deceased person put the name of their fellowship as a co-owner on the ownership papers of an apartment. This meant that after the death of the individual, the asset was legally passed on to the companion. The deceased’s son later claimed that such a transfer was due to improper influence. While the deceased had been diagnosed with leukemia at the time, the court found that there was insufficient evidence to prove that the undue influence had indeed been exercised.
One of the best things a person can do to avoid undue influence claims is to make sure that the estate planning documents are written clearly. If you plan to challenge unreasonable influence, it is important to understand that this is a high standard and often cannot be proven.
Contact an experienced estate planning attorney
The estate planning process may seem challenging, but a skilled lawyer can do it much less. If you have any questions or concerns about your estate plan, it is best to seek immediate advice from a knowledgeable attorney. Don’t hesitate to get in touch Law firm Ettinger today to schedule a free case assessment.