Fraud involves a situation where there has been a material misstatement of facts that the individual preparing a document such as a will, a trust or opening a joint bank account believed to be true. In this situation even the acts of competent individuals can be tricked into transferring assets or changing the individuals named on bank accounts or … [Read more...]
Litigating Issues Involving Wills And Other Assets Taking Advantage Of The Elderly and Infirm – Part II
Undue Influence Undue influence occurs in situations involving emotional or physical coercion. Threats, flattery and excessive action to persuade an individual to the point where that person no longer has a freedom or will on their own to make decisions as to who should receive their assets, are all examples of undue influence. When the … [Read more...]
Will Contests: Who, When and How?
Contesting a will involves a formal challenge to the validity of the will. The challenge to the will can be based on the failure of the execution ceremony to meet the appropriate statutory requirements. Another avenue for challenging a will involves allegations of the testator – the party making the will – not having the mental capacity to … [Read more...]
Challenging an Invalid Will
Pursuant to EPTL § 3-2.1, a Will can only be probated if it conforms to the following requirements, among others: Will must be signed at the end and initialed on every page in front of the witnesses. The Will must be signed in the presence of at least 2 witnesses (Some states require 3) The witnesses must also sign an attestation … [Read more...]
What Rights Does Someone Fraudulently Cut Out of a Will Have?
The latest in a series of law review articles has been released that relate to the tort of "Tortious Interference With Expectation of Inheritance." In those states that recognize this tort, it gives someone the right to sue a decedent's beneficiary or distributee for money that is allegedly wrongly received in an inheritance when the following … [Read more...]
