Blog Layout

How an Attorney Can Help an Undue Influence Case

lfsuser • Apr 05, 2019

When a person signs a will under undue influence, then the validity of the will or terms within the will may be challenged. All will must be entered into voluntarily by the person making it. When a party was wrongly influenced into signing a will or including certain terms within a will, then it could show that the will was not made voluntarily. 

What constitutes undue influence?
 In New Jersey, undue influence can include exerting mental, physical or moral over a person. This must be to such an extent that if affects a person’s free will. This influence must be exerting by someone having a “confidential relationship” with the person making the will.

A confidential relationship depends upon whether the person making the will relied that person for care, support, companionship, and the nature of the relationship. If the beneficiary of the will was in a position of trust, then it could be considered a confidential relationship. Some examples of relationships that could meet these criteria, if other facts are present, may include:

  • Family members
  • Attorneys
  • Caregivers
  • Financial advisers 
  • Close friends

What can you do if you suspect undue influence?
 If you believe a will has been signed under undue influence, then you can contest the validity of the will. The person contesting the validity has the burden of proof, which means you will have to submit sufficient evidence to demonstrate undue influence. If you show that there was a confidential relationship and there are suspicious circumstances, then the burden of proof may shift to the proponent of the will.

How we can help
 The Fairfield NJ attorneys from Faloni & Associates know what needs to be shown to successfully argue undue influence. If you believe a will was entered into under suspicious circumstances, then contact Faloni & Associates to speak with one of our Fairfield NJ attorneys.

Dementia Can Put Financial Wellbeing at Risk

By David Faloni • 09 Dec, 2021
Reduced brain function may be indicative of dementia and can result in poor financial decisions. If you are age 50 or older, easy access to your financial assets like stocks and bonds, checking and savings accounts, money market accounts, and other assets can lead to loss of these funds if an unauthorized person gains access… The post Dementia Can Put Financial Wellbeing at Risk appeared first on Faloni Law Group.

How Diet and Exercise Affect Alzheimer’s Disease

By David Faloni • 02 Dec, 2021
Symptoms such as memory issues should never be dismissed.  There are many resources available through a simple internet search, and professional associations that provide education and guidance through a maze of questions you may have regarding how to approach someone you suspect may be experiencing memory loss, or how to ask for help if that… The post How Diet and Exercise Affect Alzheimer’s Disease appeared first on Faloni Law Group.

Assisted Living Communities of the Future

By David Faloni • 26 Nov, 2021
Assisted living is changing for seniors with new advancements in medicine, technology, and socioeconomics. The rising cost of assisted living means that some families are looking for new alternatives, while those who consider traditional assisted living have new options to consider. Alternatives to assisted living include multigenerational housing and in-home care. As these options become… The post Assisted Living Communities of the Future appeared first on Faloni Law Group.

Considerations for Choosing Co-Agents

By David Faloni • 18 Nov, 2021
I have to decide between my two children, who should be my power of attorney when I need help communicating with doctors and handling my financial matters. Can’t I just name them both? You can, but please don’t. You risk creating conflict or chaos if you name more than one child to serve simultaneously. Instead,… The post Considerations for Choosing Co-Agents appeared first on Faloni Law Group.

The Benefits of Having a Family Caregiving Meeting

By David Faloni • 11 Nov, 2021
When caring for an aging family member, a family caregiving meeting can be a great way to coordinate communications and activities. These meetings are beneficial for helping to keep all family members abreast of decisions that need to be made, changes in diagnosis or prognosis, and help to ensure that all family members feel that… The post The Benefits of Having a Family Caregiving Meeting appeared first on Faloni Law Group.

The Importance of Clear End-of-Life Care Instructions

By David Faloni • 04 Nov, 2021
You would hope your living will is properly prepared and your resuscitation instructions or DNR (do not resuscitate) are in order. While your wishes in a living will may be appropriately documented, that does not guarantee the instructions will be carried out as you stated. The frightening truth is that mistakes about your end-of-life instructions… The post The Importance of Clear End-of-Life Care Instructions appeared first on Faloni Law Group.

The Effects of a Second Marriage on Medicaid

By David Faloni • 28 Oct, 2021
When you embark on a second marriage, you should be aware of how this will affect you and your new spouses’ Medicaid benefits. Current costs for long-term care facilities can run between $70,000 – $150,000 annually. Studies show that 70% of Americans will need that kind of care, perhaps for three years or longer. If… The post The Effects of a Second Marriage on Medicaid appeared first on Faloni Law Group.

Apply These Five Lifestyle Habits to Lengthen Your Life Span

By editor • 21 Oct, 2021
A healthy lifestyle can increase your longevity significantly. Your lifespan can be increased by as much as 14 years for a woman and 12.2 years for a man according to the American Heart Association’s journal Circulation study. The United States is one of the wealthiest countries in the world, but according to the World Health… The post Apply These Five Lifestyle Habits to Lengthen Your Life Span appeared first on Faloni Law Group.

The Potential Outcomes of Disinheriting a Child

By editor • 14 Oct, 2021
In estate planning, it is common that parents divide the inheritance equally among the children. But sometimes, parents intentionally choose to not leave anything to a child, and the reasons for doing so may vary. One reason could be that a child who is more financially successful than the others and the parent doesn’t feel… The post The Potential Outcomes of Disinheriting a Child appeared first on Faloni Law Group.

Short-Term Disability Insurance and Its Many Benefits

By editor • 07 Oct, 2021
Imagine this scenario, an unwed middle-aged lady, Sandy, being the sole caretaker for her 85-year-old mother. Sandy still worked full time and would help her mom in the evenings and weekends. Unfortunately, Sandy was in a serious car accident and would be out of work for at least 8 weeks. She now faced the challenge… The post Short-Term Disability Insurance and Its Many Benefits appeared first on Faloni Law Group.
More Posts
Share by: