What is undue influence in a Rhode Island will and how can a probate lawyer help?

Rhode Island Probate Lawyers Break Down Undue Influence in a Will and What Loved Ones Can Do

When a loved one passes away, there’s an avalanche of things to process. Emotionally and mentally, there’s the loss and grief that can be a long journey filled with ups and downs. Practically, there are matters at hand to attend to, such as the person’s will. The process can be challenging — and unfortunately, at times, involve some specific issues, such as undue influence.

If you believe undue influence could be a factor in your loved one’s will, a qualified Rhode Island probate lawyer can help. Contact the skilled probate attorneys at Kirshenbaum & Kirshenbaum to help work through probate disputes and handle the process of dispersing your loved one’s estate in a fair and just manner.

Undue Influence Explained

If you’re confused about legal terminology surrounding the probate process, you’re not alone. The American Bar Association refers to the definition of undue influence as “elusive” and states that legislating the definition across all states has proved difficult. In Rhode Island, however, undue influence was defined by the court as: “the substitution of the will of a third party for the free will and choice of the testatrix in making a testamentary disposition.” Caranci v. Howard, 708 A2d 1321 (RI 1998).” In basic terms, the idea of undue influence is that an individual has used persuasion or coercion to have someone (the testator) sign a will when the information in the will does not reflect their true desires.

Evidence of Undue Influence Is Key

If an individual persuades the testator to write their last will and testament in a certain way, it doesn’t necessarily mean that it was undue influence. For the matter to be truly considered undue influence, there must be evidence that the individual took advantage of the testator for their own financial gain and benefit. Though this can feel complex and confusing, working with a knowledgeable Rhode Island probate lawyer can help ensure that you understand the process, address all of your concerns, and work with you to fight for justice if you suspect undue influence is involved in your loved one’s estate disbursement.

What to Do If You Suspect Undue Influence Was Involved in a Loved One’s Will

If you suspect undue influence, taking action can be important. In Rhode Island, the probate process allows for the right to a will contest to ensure that the will accurately reflects the deceased person’s true intentions.

Hire a Qualified Rhode Island Probate Lawyer  

If you believe that undue influence was involved in a loved one’s will, it’s critical to contact a Rhode Island probate attorney to help with the dispute. They can work with you to gather evidence and file the will contest, and represent you in probate court if needed. 

File a Will Contest for Undue Influence 

Not just anyone has the right to a will contest to dispute the validity of the will. It must be done by a person who is considered an interested party. For example, this could include beneficiaries named in a prior or later will, potential recipients that would gain an inheritance if the undue influence was proven, or occasionally creditors of the estate. If you want to file for undue influence, you must submit your objection in writing to the same probate court where the original will was submitted.     

Get Information About What an Undue Influence Allegation Involves

Arming yourself with information about the process and what’s necessary can also help. Your probate attorney can fully map out the information for you and explain specifics that pertain to your case. In general, several areas must be addressed with an undue influence allegation. 

For example, evidence must show: 

1. The testator was susceptible to influence due to their physical or mental condition 
2. That a person had the opportunity to exert this influence over the testator
3. The inappropriate influence was in fact exerted or attempted 
4. The influence had the intended effect and the accused person would benefit from the changes in the will 

Gather Evidence to Support the Undue Influence Claim 

Because this issue is so complex, and the deceased person cannot testify on their own behalf, showing undue influence can involve coming up with compelling evidence that helps to support the claim. Any details or outside testimony that would support the undue influence claim could be helpful.  

Supporting evidence may include: 

• Notes, letters, or any other written documentation from your family member
• Copies of the previous copy of the will 
• Statements from witnesses who knew about changes to the will 
• A possible fiduciary relationship between the accused and the testator 

Consult a Skilled Rhode Island Probate Lawyer With Kirshenbaum & Kirshenbaum 

Kirshenbaum & Kirshenbaum is a law firm experienced in working with clients on probate and estate issues with compassion and skill. The process of losing a loved one, dealing with grief, and walking through all the issues that come with the loss are challenging enough. Let Kirshenbaum & Kirshenbaum assist you with finding a just outcome when you suspect undue influence.