When a loved one passes away, their will should reflect their true wishes, but that is not always the case. If you believe someone deceived or manipulated the deceased into signing or changing a will, you have reason to be concerned. A fraudulent will can divert an inheritance away from its intended beneficiaries. An experienced wills attorney may review the situation and explain whether you have grounds to challenge the will.
Fraud in Staten Island wills is a serious matter, and proving it requires a clear understanding of state law. At the Law Offices of Louis P. Lepore, our attorney helps families examine suspicious wills, gather evidence, and take appropriate legal action. We work to protect your family’s interests and honor the true intentions of your loved one.
In this state, fraud is one of several grounds for challenging a will, and it takes two main forms. The first is fraud involving the execution of the will, which happens when someone deceives a person about the document itself, such as by telling them they are signing a power of attorney when the document is actually a will. The second is fraud in the inducement, which occurs when someone lies to persuade a person to change their will, such as by making false claims about a family member to turn the testator against them.
Fraud is different from undue influence, though the two often appear together. To prove fraud, you must show by clear and convincing evidence that someone knowingly made a false statement and the will would have been different without it. Because the state also requires strict execution formalities under Estates, Powers and Trusts Law § 3-2.1, our Staten Island attorney who handles will fraud cases could review whether the document meets the legal requirements.
Fraud is often difficult to detect because the person who could explain what happened is no longer alive. Still, certain warning signs may suggest that a will does not reflect the testator’s genuine wishes, such as:
No single sign proves fraud on its own, but together they may justify grounds for contesting the document. Our will fraud attorney in Staten Island could investigate the circumstances and help you determine whether you have grounds to challenge the will of your loved one.
You may challenge a will during probate in the Surrogate’s Court for the county where the deceased lived. Under Surrogate’s Court Procedure Act § 1408, the court cannot admit a will to probate unless it is satisfied that the document is genuine and the testator properly executed it. This allows interested parties to raise objections based on fraud before the will takes effect.
However, not everyone may object. Generally, only a person whose interest is adversely affected, such as an heir or a beneficiary under an earlier will, has the right to contest it. These cases move quickly once probate begins, so you must gather evidence without delay. Our attorney has experience with will fraud in Staten Island and could help you file timely objections, obtain the drafting attorney’s records, and build the clear and convincing case that state law demands.
If you have concerns about fraud in Staten Island wills, the Law Offices of Louis P. Lepore is prepared to help. We are skilled in estate planning and the complex documents required for probate and administration. If you believe a will of a deceased family member is in question, do not hesitate to reach out for help. Contact us today to discuss your concerns and protect your family’s rightful inheritance.
(718) 354-8646