Undue Influence And Capacity Issues

Assertive Legal Representation In Matters Of Undue Influence

Disputes involving undue influence or lack of capacity related to a will or other estate planning document can become quite heated and emotional. Whether you are a party making an allegation of undue influence or you need to defend against an accusation, you should seek the help of an experienced estate and probate litigation attorney who can help you defend your position.

The attorneys at John J. Pembroke & Associates LLC, are prepared to help you settle any undue influence or incapacity issues you face. In estate planning, undue influence refers to a person's ability to control another person's wishes regarding wills, trusts, deeds and other documents. It is especially concerning when dealing with elderly or debilitated individuals with significant financial assets. If an individual's wishes are changed significantly at the last minute, others may want to know why and if another party may have exerted undue influence.

Our experienced estate litigation lawyers can help investigate whether any wrongdoing has occurred and can bring it to the court's attention on behalf of an interested party. Sometimes, the court will set aside the document in question and use the last version of the document that was executed by the deceased or incapacitated party.

Put Our Litigation Experience In Your Corner

If a will, trust or power of attorney was not executed when someone was not in his or her right mind, a claim that the deceased lacked the capacity to make competent decision can be made and, therefore, the changes should not be acknowledged. Whether you are making this claim or you are the one being accused of exerting influence or facilitating the changes to documents for someone who does not have the capacity to consent for the changes, we can help you assert your position.

For more information, we invite you to contact John J. Pembroke & Associates, LLC today to schedule a consultation by calling 847-696-0060.