Undue Influence

Undue Influence

Your Legal Team for Probate and Trust Litigation Involving Issues of Undue Influence

A frequent issue in will contests or trust disputes involves claims of undue influence. This occurs when one or more people exert too much influence on someone making a will (the testator), causing the testator to add or eliminate certain provisions beneficial to the perpetrator, cancel will provisions or even write a new will entirely, all of which are contrary to the testator's true intentions. Usually, greed is the perpetrator's underlying motive. With our challenging economic times, there is greater frequency of these types of incidents.

At The Law Offices of William D. Black, we have more than 25 years of experience with will contests and probate and trust litigation. We focus on taking care of our clients' needs and providing first-rate individualized legal representation.

Attorney Experienced With Scottsdale/Phoenix, Arizona, Elder Manipulation and Undue Influence

There are several ways to attempt to prove a will to be invalid. One may be to claim that the legal formal requirements necessary to execute a will were not followed. Others are to argue that the testator at the time of the execution of the will was subject to duress, undue influence or fraud. Some statutes even guarantee that a wife must receive a certain statutory allotment. There is also the question of whether a later will might have been executed, which would invalidate the terms of the subject will.

Other situations where undue influence may be prevalent:

Elder exploitation: Many probate and trust disputes involve a charge of elder exploitation. In these cases, there is a challenge made regarding the elderly person's testamentary capacity. These types of disputes often are influenced by the following issues:

  • Manipulating or forcing an elderly person to sign over to someone all of their assets, such as checking accounts, investments, stocks, real estate or other property through intimidation, duress or other threats
  • Theft of assets such as Social Security checks, stock dividends, pension payments, retirement funds, credit cards or other such assets
  • Borrowing money or encumbering property in the elderly person's name, with the chief beneficiary being the perpetrator
  • Selling the property of the elderly person by the perpetrator, who in turn pockets the proceeds
  • Other such misconduct

The Resources You Need With Personalized Service

For any of these types of undue influence, we have the knowledge and expertise to help you make the necessary challenges to make certain justice is done. We utilize the most up-to-date research and communication technology, along with experienced investigators and well-qualified forensic experts such as physicians, psychologists, certified public accountants, appraisers and stock analysts. We are prepared for whatever needs your case presents.

What makes The Law Offices of William D. Black unique, however, is that we have access to almost all of the resources of larger firms, but we also provide the personalized, individual service that only a small firm can. We get to know our clients personally and take the time needed to learn about their legal needs. Contact us for a free consultation with a lawyer.

AVVO Rating | 8.8 Excellent ABA | American Bar Association American Association for Justice