How to Prove Undue Influence in Probate
Are you worried that someone is using undue influence to control the probate process and push their own agenda? Do you feel like your loved one’s final wishes are being disregarded and overlooked? A disturbing situation, to be sure – but understanding how to prove or disprove undue influence in probate can make all the difference. In this blog post, we’ll go over what defines ‘undue influence’ in terms of estate law and plans of action for ensuring that any such attempts remain unsuccessful. With this valuable information, you’ll have a better chance of keeping your loved one’s true desires understood throughout however long it takes to complete the probate proceedings.
Are you looking for a probate attorney in Milwaukee, Brookfield, Waukesha, or nearby? Contact Fricker Law today.
What You Need to Know About Undue Influence
Parties to probate proceedings have an obligation to prove undue influence was exerted before the estate is transferred. This post will explain what constitutes “undue influence” and how it can be proven in a probate court.
When it comes to estate planning, there are several situations where a person may be faced with proving that undue influence has been exerted over another individual or party. The first step in this process is understanding what qualifies as “undue influence.” This term generally refers to the act of manipulating another person’s decision-making process by taking advantage of their weaknesses or mental state. It is often seen as a form of manipulation or abuse, and it must be proven in order for probate proceedings to successfully transfer an estate.
How to Prove Undue Influence
Proving undue influence starts with recognizing signs that argue its presence. These include unreasonably isolating the testator (the person writing the will) from people who would otherwise support his/her decisions, providing fraudulent information to the testator that results in them making illogical revisions to their will, making false statements about the disposition of assets or other matters concerning an estate plan, forcing someone into signing documents without fully understanding them, and exerting some type of pressure (financial or physical) on the testator when they are forming their last wishes.
The Importance of Proving Intent
It is also important to establish intent when trying to prove undue influence; even if these activities were done without malicious intent, they may still have had an effect on how the property was managed after death and therefore merit consideration during legal proceedings. In such cases, it may be necessary for witnesses or experts in psychology to provide evidence related to why a certain action was taken by one party and not another.
In order for the exercise of undue influence to be legally recognized, it must also produce tangible results that affect how an estate was handled during probate proceedings. This means showing proof that assets were mismanaged or distributed unevenly due to these actions being taken by one party over another. Documentation from financial advisors and other professionals who can attest to any changes made within an estate might also be fruitful when attempting to prove this type of foul play occurred during any legal proceeding involving the deceased’s affairs.
Overall, proving undue influence in probate matters requires gathering proof regarding any potential manipulation done prior to death as well as demonstrating tangible results related directly back to these activities that were done either intentionally or through negligence on behalf of one party involved in the legal proceedings surrounding an estate plan transfer.
If you’re facing the difficult situation of proving undue influence in probate, you don’t have to do it alone. Attorney Rober Fricker of Fricker Law is a Milwaukee probate attorney with experience in these and all other probate issues. Click here to learn more and contact Fricker Law today.
