08 Jun Undue Influence Objection is allowed to continue against former home health care worker who because beneficiary of the Will
New York County Surrogate Nora Anderson recently denied a summary judgment motion on an objection based on undue influence. The proponent of the will started as decedent’s part-time health aide and became indispensable when decedent required continuous attention Decedent was accompanied by proponent on visits to prepare the will, but proponent was not present at execution of either instrument. This created questions of fact of undue influence were created denying the objection’s dismissal. It happens frequently that older individuals become dependent on and emotionally bonded with home health care workers who start off as employees, The Surrogate’s Court looks very closely at these situations, especially when the estate is large and there are family members who expected to be the beneficiaries of the estate.
Matter of Estate of Davidovich