Proving Undue Influence

Those creating or finalizing wills and trusts are usually doing so as their health is in decline. Sadly, our mental acuity declines also, in our final years. Not only is important communication with loved ones often lacking, but susceptibility to undue influence and confusion about what we are doing are possible.

The contents of a will or trust are not generally known before its drafter has passed on. There is often surprise or even shock at the contents of the documents. Is this really what our loved one meant to do with property and assets?

Depending on the size of the estate, the nature of family members, and the circumstances of the loss, parties may strongly challenge the documents presented for probate or strongly defend them.

How Is Undue Influence Proven?

With the star witness (the decedent) gone, a circumstantial case must be made, for whichever side you find yourself on. There are certain actions of the decedent or those around him or her, or events that may call into question the validity of a will or trust.

• Did a single individual have sole access to the decedent?
• Is there evidence this person attempted to keep others away from the decedent?
• Was there a sudden change of estate planning attorneys?

Sometimes an elderly person is not a victim of undue influence but rather lacked capacity due to disease. This can explain unexpected and otherwise inexplicable decisions expressed in a will or trust.

An attorney at Reminger Co., L.P.A., can discuss proving undue influence with you at no charge. We will assess the strength of your case, whether legal action is worth your time and expense, and how we would propose to remedy the injustice.

About Our Fees: We Want to Work for You

In addition to hourly fee structures, we can also consider handling cases on a contingency fee basis or another alternative fee arrangement. We want our services to work for you.

Call a Cleveland wills and trusts attorney at 1-866-673-5278 or send us an e-mail