Estate Disputes Can Be Difficult To Resolve
The death of a loved one can have a far-ranging impact on the surviving heirs. Often, these individuals face an emotionally and financially turbulent time while attempting to grieve their loss. Unfortunately, family arguments and long-standing disputes can derail an already complex probate process.
At Helton Law Firm, we have over 25 years of experience guiding clients through myriad disputes, disagreements and legal battles with other heirs after the death of a loved one. From offices in Tulsa, we are prepared to represent clients throughout Oklahoma who are struggling with situations involving:
- Trust disputes
- Will contests
- Tax controversies
- Breach of fiduciary duties
- Beneficiary disputes
- Incapacity challenges
- Removal of trustee
- Abuse of power of attorney
One of the common types of disputes involves a contested will. The validity of a will can be challenged on numerous fronts, including:
- Fraud
- Forgery
- Undue influence
- Lack of capacity
No matter the challenge you are facing, it is crucial to have a skilled estate dispute lawyer fighting by your side. At Helton Law Firm, we can represent the executor or those challenging the executor’s actions. We encourage potential clients to schedule a consultation to discuss their specific goals.
Understanding Duress Vs. Undue Influence In Estate Challenges
When contesting a will or trust, understanding the difference between duress and undue influence is crucial. As we explained in our blog, these distinct legal concepts can both invalidate estate documents, but through different mechanisms.
Duress occurs when someone forces an individual to make decisions through threats of harm, violence or imprisonment. This typically happens at the moment of signing documents and involves clear physical or emotional threats. For example, someone might force a testator to sign a will against their wishes through threatening behaviors.
In contrast, undue influence involves psychological manipulation over time, often through flattery, isolation or deception. This commonly affects vulnerable individuals like elderly adults whose daily activities may be controlled by a caretaker who establishes a relationship of trust only to exploit it later. The caretaker may dominate the will of the elderly person and use it as an unfair advantage.
The timing of these behaviors also differs significantly. Duress usually occurs when a decision is made, such as when signing an estate planning document. Undue influence, however, is typically a long process involving the gradual building of a relationship specifically to manipulate the victim.
These different forms of pressure affect victims in distinct ways. In duress cases, a person might feel immediate fear or anxiety due to threatening behaviors, impairing their ability to make decisions. Undue influence usually exploits existing vulnerabilities in an individual, such as illness, age or disability, creating a situation where the victim believes they are making their own choices when they are being manipulated.
The burden of proof differs in these cases as well. Proving duress requires demonstrating that threats occurred during decision-making, while establishing undue influence means showing a pattern of manipulation that resulted in an improper decision.
Understanding these critical differences can help protect you and your vulnerable family members from exploitation by untrustworthy individuals. If you suspect either duress or undue influence affected your loved one’s estate planning decisions, our attorneys can help determine the appropriate legal approach to contest these documents.
Contact An Estate Dispute Attorney
With experience in both planning an estate and probating it, we understand the challenges that surviving heirs face. These matters must be handled with both delicacy and urgency as loved ones struggle with financial and emotional instability. To learn more about how our lawyers can help, we invite you to schedule a consultation by calling our office at 918-928-7104 or completing our online contact form.