Fact Questions Exist if Proponent May Have Exercised Undue Influence Over Decedent

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Fact Questions Exist if Proponent May Have Exercised Undue Influence Over Decedent

Surrogate Nelida Malave-Gonzalez recently allowed a probate contest to go to trial based upon allegations that the proponent of the will began controlling decedent’s activities, preventing objectant from freely communicating with his father.  He asserted decedent was dependent and under the control of his stepchildren, and was unduly influenced to disinherit his family in their favor. The Court found fact questions existed if proponent may have exercised undue influence over decedent, warranting a trial on this objection.

– Matter of Estate of Robinson