Weinstein & Randisi
Toll free:800-768-1780

Resize the Content Text

What role does undue influence play in probate litigation?

Most estate planning begins with the formation of a will. Typically, people will draft a will in order to designate how they want their property and assets distributed upon their deaths. Here in the state of New York, the Surrogate's Court is the venue that will establish the validity of a decedent's will and oversee the distribution of its contents.

One of the requirements the Surrogate's Court may consider is whether the decedent created the document while in control of his or her mental faculties. Frequent readers of our blog may recall a previous article we wrote regarding probate litigation. In that article, we discussed how family members sometimes do not always agree with individuals who stand to gain something from a will. In legal parlance, those recipients are known as benefactors. Many probate litigation cases involve family members who challenge whether a benefactor may have unduly influenced the decisions of the person forming the will.

Some experts in the field of elder abuse believe that there are opportunists who ingratiate themselves with older people with the ultimate goal of gaining control of their assets and property. These individuals can be other family members, potential romantic interests or simply con artists who prey on the isolation and loneliness many elderly victims experience.

If you suspect undue influence has played a role in the formation of a loved one's will, there are a few things you should know. You may need an attorney to help you prevail in probate litigation. That's because some of these tricksters use very effective methods to gain control. For example, they may engage in quickie marriages to gain legal leverage. They may also employ the use of bogus sweepstakes or charities to obtain key signatures on legal instruments like powers of attorney. An attorney experienced in probate litigation can help voice your opposition to the execution of an improperly created will.

Our law firm has over 50 combined years of legal experience representing clients throughout New York. Based in Rochester, our probate administration attorneys can assist you with any guidance and counseling you may require to help you bring an estate through probate in a favorable manner. Prospective clients should know that we offer free initial consultations regarding matters involving probate litigation.

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Blog Feed


Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map


Call us now for a free, 100% confidential consultation: