If you are contesting a will or trying to protect the legal rights of someone who is still living, you may have a situation involving undue influence. Any time someone has made a legal decision as the result of someone else’s pressure, manipulation, or coercion, it could be interpreted as undue influence. When undue influence can be proven, the person filing the complaint can receive a corresponding action from the court. The court may nullify a will, for example, or they may remove a guardian who is exploiting a protected person.
Proving undue influence is rarely easy. Each claim must be prepared to establish several minimum showings, with evidence. Hiring an undue influence attorney in Rio Rancho can allow you to assess the situation, document evidence, and begin seeking the appropriate actions in light of the abuse that is taking place.
If you have concerns about undue influence, reach out to one of our experienced attorneys immediately. New Mexico Financial & Family Law has handled hundreds of probate and guardianship cases, and we have also helped draft wills for many individuals in the Rio Rancho area. We are familiar with the aspects of due diligence required in each situation, so we are prepared to help you determine if undue influence has played a factor.
Speak to us during a no-risk, confidential consultation when you call (505) 503-1637 or contact us online.
If the suspected undue influence affected the drafting of a will or other legal instrument, then you must file a complaint to contest probate. You must also be prepared to legally establish why you think undue influence took place, meeting the minimum standard of evidence outlined in the “How Can You Legally Prove Undue Influence?” section below.
To report abuse by a guardian, conservator, or someone with a durable power of attorney, you can use the grievance process in the Judicial District Court where the individual was appointed. Reporting a grievance is an important first step if you later wish to have certain legal actions undone because they were performed under undue influence.
Know that the law aims to protect individuals from abusers, but undoing the consequences of legal actions takes more procedure. The court must have the minimum standards satisfied before they are willing to grant a motion to invalidate a will, for example, or reverse the sale of key assets as a result of undue influence.
Undue influence is a form of abuse that coerces and/or manipulates an individual into making legal or financial decisions against their interests and against their original intent. Older adults are often the victim of undue influence. Their abuser may be taking advantage of a mental condition that diminishes capacity, or they may just be taking advantage of the older person’s desire for companionship, attention, or even intimacy.
Issues of undue influence can be discovered during the victim’s life by their loved ones. Loved ones may notice uncharacteristic behaviors or sudden legal and financial decisions being made to the benefit of the abuser.
Undue influence may also be discovered after the victim’s death. The victim’s loved ones will learn that plans to distribute assets through a will and/or trust have been drastically altered to the benefit of one person or a select group of people. Undue influence is one of the most common means in which to challenge a will’s validity or to challenge the validity of agreements made pertaining to trusts and other estate planning instruments.
If you suspect that someone is exerting undue influence on a loved one who is currently living, contact New Mexico Adult Protective Services (APS) immediately to report your suspicions. Speak with an elder law and elder abuse attorney to learn about your options.
If your loved one has passed and you suspect their estate-related affairs have been drastically altered as a result of undue influence, speak with an experienced probate dispute lawyer promptly.
“Undue influence” refers to a set of circumstances where someone imposes their will upon someone else to the abuser’s benefit. Undue influence can involve any of the following:
Undue influence may also be commonly seen in combination with other forms of psychological, emotional, physical, or sexual abuse.
The state of New Mexico does not provide a formal definition of undue influence. However, landmark cases touching upon the issue often cite the case Brown v. Cobb, which stated that undue influence “means influence, improperly exerted, which acts to the injury of the person swayed by it or to the injury of those persons whom [he or] she would have benefited.” Brown v. Cobb, 53 N.M. 169, 172, 204 P.2d 264, 266 (1949)
Simply put: the “undue” part says it all. The abuser has, in one form or another, inappropriately used means at their disposal to influence the victim to make decisions against their own interests and to the benefit of the abuser. The law generally considers undue influence to be a factor in any case where it can be proved that the alleged victim made decisions that were against their own interests/intent and that they otherwise would not have made without the abuser’s undue influence exerted upon them.
Undue influence can arise in any sort of situation. Some of the most common examples include:
A common theme is that the undue influencer has a position of power over the victim. The victim may have a strong need for the abuser’s approval, attention, companionship, etc. The victim may also be using the abuser for professional services, such as may be the case with a professional caregiver, nurse, or in-home healthcare provider. Attorneys also commonly exert undue influence on an individual, as can doctors, accountants, investment brokers, or even service providers like plumbers, home contractors, landscapers, etc.
New Mexico, like many states, has statutory language that states that it is the court’s duty to automatically presume that someone is the victim of undue influence when changes are made to their will, trusts, or estate planning instruments late in their life and to the benefit of someone who conventionally would not receive a significant portion of the estate (NM Stat § 45-3-404).
Put another way: spouses, children, relatives, and so forth are typically going to inherit the majority of an estate. Therefore, there is no automatic presumption of undue influence. However, if someone like a caregiver, new live-in partner, personal attorney, etc. is granted a significant portion of the estate, the law considers this an “unusual” circumstance, and the transfer will be subject to an investigation to determine whether undue influence occurs. The law also states another scenario: “the beneficiary of the transfer occupies a dominant position in the relationship which is not the usual circumstance in such relationships, then it is proper to impose a presumption of undue influence upon the transfer”.
Because of this statutory language, it can be easier for immediate family members and other close relatives to challenge the validity of a will that transfers property to someone under “unusual circumstances”.
Undue influence can present itself in many ways, but there are often some common signs:
Sudden behavior changes and the emergence of a new or unexpected figure in the victim’s life are some of the most common themes. The victim may have a new, recent vulnerability related to a medical or mental condition worsening, or they may just be lonely. In any event, once major changes have taken place and it is suspected that the victim is being made to do things against their own interests, the abuse should be reported promptly to APS.
In New Mexico, there is no specific legal test to prove undue influence. However, there are a number of factors one can establish, laying out a case that undue influence is the most logical conclusion. These factors include:
These factors can be difficult to establish. The courts may even be skeptical of whether undue influence occurred in a situation where the alleged abuser is someone who has a relationship that is traditionally close in society, such as if they were a child, long-time spouse, close relative, etc.
At the same time, results that are clearly inequitable and against the alleged victim’s interests often require some sort of explanation. In these situations, it may be more likely that the court will consider a situation as undue influence.
If it can be established that an individual exerted undue influence on someone, then there can be civil as well as criminal repercussions. The abuser may be ordered by the court to restore the assets they obtained through improper means. The victim may be awarded further compensation for damages related to emotional distress, hardship, and other consequences of the abuse. The abuser may also be ordered to pay punitive damages, especially in situations that are extremely egregious.
If you or someone close to you might be the victim of undue influence, speak to an elder abuse attorney as soon as possible to explore your options for holding the abuser accountable and seeking appropriate damages. You should also report suspected/alleged abuse to New Mexico Adult Protective Services immediately.
Tragically, undue influence often goes undiscovered until after the victim’s death. Family members and other presumed beneficiaries of the decedent will read the decedent’s will and/or instructions from the trust. Then, to their surprise, they learn that major changes have been made in years just before the loved one’s death. These changes typically result in a lopsided situation where one heir — sometimes a person who was not involved in the decedent’s life until very recently — obtains the majority of the estate.
It is critical to file a claim and contest probate as soon as possible once undue influence is suspected. Speak with a contested probate lawyer near you to go over the details of your case, discuss the possibility of undue influence, and potentially begin assembling evidence for your claim.
Visit New Mexico Financial & Family Law’s contested probate attorneys portal for more information and resources.
Whether the person allegedly being victimized through undue influence is someone living or recently deceased, the fact is that you care about them, their wishes, and the respect given to their name. New Mexico Financial & Family Law is here to assist you in any case involving undue influence.
If you wish to pursue a claim against someone for elder abuse involving undue influence, or if the victim has passed and you wish to contest matters of probate or the estate, we can be here for you. New Mexico Financial & Family Law works closely with its clients to uncover all of the relevant factors and then walk clients through the process of seeking proper justice. Our clients receive the utmost level of care, attention, and seasoned legal guidance in order to help them seek the optimal outcome.
Reach out to us today to start the conversation. Schedule your confidential, no-obligation appointment now when you call (505) 503-1637 or contact us online.
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