will contests Archives

Understanding “undue influence”

While creating an estate plan is a wise move for any adult living in New York, many people fail to take important steps to plan for their futures and get their affairs in order until they are old or in particularly poor health. This can prove problematic, however, because in some cases, other people take advantage of older Americans who they believe they can easily influence, and they may exploit the trust of an aging American if they think doing so would be to their benefit. At Joseph A. Ledwidge, P.C., we understand that undue influence is a common reason courts may deem a will invalid, and we have considerable experience helping others with similar concerns pursue solutions that meet their needs.

Estate planning could avoid will contests

The aging population of New York is virtually beset upon by messages about how and where to direct estate funds. Sometimes, that persuasion comes from personal acquaintances or family members as well. Here at the office of Joseph A. Ledwidge, P.C., we often see wills that we suspect were directed, at least in part, by this preponderance of over-generalized or unethical advice.

What is undue influence?

One of the common reasons why people contest a will in New York is for undue influence. According to the American Bar Association, undue influence is psychological abuse and why there is no one standard definition, it is typically considered any acts of manipulation that forces a person to take or not take a certain action.

How do you remove an executor?

New York residents who are dealing with matters of wills and estates will also be dealing with executors. However, situations may come up in which you believe an executor of a will or estate should be removed from their position for whatever reason.

Could my beneficiaries contest my will?

Will contests are somewhat common in New York. However, if you were concerned about the enforceability of changes you made to your will, it might help to know that successfully contesting a will often takes a solid legal basis, extensive knowledge of case law and familiarity with the probate process of the relevant jurisdiction. Perhaps most importantly, the court would only consider a few people automatically eligible to formally argue with your decisions. 

What is standing and how does it apply in will contests?

One of the most important questions for challenging a will, or for any civil litigation for that matter, is whether you possess standing. Standing is like the main gateway to pass through to start civil litigation. A New York court wants to know that you have a legitimate interest in contesting the will. If not, the court will not allow you to proceed.

What is undue influence?

As someone handling matters of estate in New York, there are plenty of legal hurdles that you may have to jump. The number of these hurdles can increase dramatically if you have to deal with matters of undue influence on top of everything else. But what  undue influence?

What it means to sign a will under duress

Heirs and beneficiaries to a New York estate want the testor's will to have been completed under fair circumstances. A person leaving his or her assets to beneficiaries should do so without any coercive or intrusive influences. However, this may not always be the case. Sometimes a person may actually compose a will under duress. If a heir or beneficiary suspects a testor signed a will under coercive pressure, they can initiate legal action to contest the will.

Joseph A. Ledwidge, P.C.
17026 Cedarcroft Road
Jamaica, New York 11432

Phone: 347-395-4799
Fax: 718-701-3726
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Joseph A. Ledwidge, P.C.